EEOC Appeal 2025003680

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Maryanne S.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025003680
Agency No. 4J-400-15406-24
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s
June 25, 2025 final decision concerning her equal employment opportunity (EEO)
complaint of employment discrimination in violation of Title VII of the Civil Rights
Act of 1964 (Title VII), as amended, 42 U.S.C. § 2000e et seq. For the following
reasons, the Commission AFFIRMS the Agency’s final decision.
At the time of events giving rise to this complaint, Complainant was employed by
the Agency as a Postal Support Employee Mail Processing Clerk at the Agency’s
Middletown Branch in Middletown, Kentucky.
On December 17, 2024, Complainant filed an EEO complaint alleging that the
Agency discriminated against her on the bases of race (Hispanic), national origin
1 	This 	case 	has 	been 	randomly 	assigned 	a 	pseudonym 	which 	will 	replace
Complainant’s 	name 	when 	the 	decision 	is 	published 	to 	non-parties 	and 	the
Commission’s website.

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(Puerto Rico), religion (Catholic), sex (female), and in reprisal for prior protected
activity when:
1. On dates to be specified, a supervisor yelled at her, micromanaged her,
disrespected her in front of her coworkers, and told her coworkers he was
trying to fire her;
2. On September 7 and 17, 2024, a supervisor changed her clock rings;
3. On dates to be specified, she was forced to work her non-scheduled day;
4. On dates to be specified, her work hours were reduced;
5. On May 13, 2024, a supervisor singled her out, cursed her, and accused
her of poor work performance;
6. On June 3, 2024, she became sick at work, and the supervisor would not
let her go home;
7. On June 12, 2024, and other dates to be specified, a supervisor excluded
her from meeting;
8. In June 2024, her leave request for June 19 through June 22, 2024, was
denied;
9. On dates to be specified around July/August 2024, she was forced to work
eight (8) straight days;
10.On August 25, 2024, she was told her shoes were not proper and she had
to change them;
11.On September 12, 2024, a supervisor asked her coworkers to write
statements against her; and
12.On unspecified dates, Complainant’s hours were reduced when a new
employee arrived.

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At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of her right to request a hearing before
an EEOC Administrative Judge, or a final decision from the agency. 	When
Complainant did not request a hearing within the time frame provided in 29 C.F.R.
§ 1614.108(f), 	the 	Agency 	issued 	a 	final 	decision 	pursuant 	to 	29 	C.F.R.
§ 1614.110(b). In the decision, the Agency concluded that Complainant did not
prove that she was subjected to discrimination or reprisal as alleged. Complainant
then filed the instant appeal.
We find that the alleged incidents were not objectively severe or pervasive to
establish a discriminatory hostile work environment, and not sufficiently material to
deter protected activity to establish a retaliatory hostile work environment. Rather,
the incidents largely appear to be wholly within the realm of managerial discretion
and oversight, or the result of routine supervision, personality conflicts, and general
workplace disputes and tribulations.
In addition, we find that Complainant failed to show that the alleged conduct was
based on discriminatory or retaliatory animus. For example, management affirmed
that Complainant’s clock rings were deleted because Complainant disappeared while
on the clock.
With respect to the allegations that Complainant was required to work on her non-
scheduled day; not allowed to go home when she was sick; forced to work eight
straight days; had her hours reduced; and was excluded from meetings, the record is
devoid of evidence to support the allegations. For example, the record shows that
Complainant’s 	hours 	were 	consistent 	with 	the 	hours 	of 	her 	coworkers 	and
Complainant was granted leave on the dates at issue. Similarly, the record revealed
that Complainant had one to two days off during the period at issue. 	Moreover,
management denied that Complainant was not allowed to go home when she was
sick and the time records indicated that she did go home.
To the extent Complainant is alleging disparate treatment regarding her claims,
Complainant has not proffered sufficient evidence demonstrating that the Agency’s
explanation for its actions was pretext for discrimination or retaliation.

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CONCLUSION
Therefore, based on our review of the record and the contentions on appeal,
including those not specifically addressed herein, we AFFIRM the Agency’s final
decision finding no discrimination.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1125)
The Commission may, in its discretion, reconsider this appellate decision if
Complainant or the Agency submits a written request that contains arguments or
evidence that tend to establish that:
1. 	The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
2. 	The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Sector
(OFS) within thirty (30) calendar days of receipt of this decision. 	If the party
requesting reconsideration elects to file a statement or brief in support of the request,
that 	statement 	or 	brief 	must 	be 	filed 	together 	with 	the 	request 	for
reconsideration. 	A party shall have twenty (20) calendar days from receipt of
another party’s request for reconsideration within which to submit a brief or
statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015).
Complainant should submit their request for reconsideration, and any statement or
brief in support of their request, via the EEOC Public Portal, which can be found at
https://publicportal.eeoc.gov/Portal/Login.aspx. 	Alternatively, Complainant can
submit their request and arguments to the Director, Office of Federal Sector, Equal
Employment Opportunity Commission, via regular mail addressed to P.O. Box
77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE,
Washington, DC 20507.

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In the absence of a legible postmark, a complainant’s request to reconsider shall be
deemed timely filed if OFS receives it by mail within five days of the expiration of
the applicable filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the
EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either
party’s request and/or statement or brief in opposition must also include proof of
service on the other party, unless Complainant files their request via the EEOC
Public Portal, in which case no proof of service is required.
Failure to file within the 30-day time period will result in dismissal of the party’s
request for reconsideration as untimely, unless extenuating circumstances prevented
the timely filing of the request. 	Any supporting documentation must be
submitted together with the request for reconsideration. 	The Commission will
consider requests for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. § 1614.604(f).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (S0124)
You have the right to file a civil action in an appropriate United States District Court
within ninety (90) calendar days from the date that you receive this decision. 	If
you file a civil action, you must name as the defendant in the complaint the person
who is the official Agency head or department head, identifying that person by their
full name and official title. Failure to do so may result in the dismissal of your case
in court. 	“Agency” or “department” means the national organization, and not the
local office, facility or department in which you work. If you file a request to
reconsider and also file a civil action, filing a civil action will terminate the
administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you. You
must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission.

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The court has the sole discretion to grant or deny these types of requests. Such
requests do not alter the time limits for filing a civil action (please read the paragraph
titled Complainant’s Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere __________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 17, 2026
Date