EEOC Appeal 2025003244

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Deena B.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025003244
Agency No. 1C-331-14910-24
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
April 28, 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 Maintenance Support Clerk, P-07, at the Miami Processing and
Distribution Center in Miami, Florida.
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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On October 5, 2024, Complainant filed an EEO complaint alleging the Agency
subjected her to discrimination based on race (African American), sex (lesbian, gay,
bisexual, transgender and female), and color (black) when on August 28, 2024, and
other dates to be specified, she was bypassed for a detail opportunity as an Acting
Supervisor (204B).
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), concluding that Complainant failed to prove her allegations of
discrimination. Complainant then filed the instant appeal.
As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R.
§ 1614.110(b), 	the 	Agency's 	decision 	is 	subject 	to 	de 	novo 	review 	by 	the
Commission. 	29 	C.F.R. 	§ 1614.405(a). 	See 	Equal 	Employment 	Opportunity
Management Directive for 	29 C.F.R. Part 1614 (EEO MD-110), at 9-16 (Aug. 5,
2015) (explaining that the de novo standard of review “requires that the Commission
examine the record without regard to the factual and legal determinations of the
previous decision maker,” and that EEOC “review the documents, statements, and
testimony of record, including any timely and relevant submissions of the parties,
and . . . issue its decision based on the Commission’s own assessment of the record
and its interpretation of the law”).
We find that the Agency articulated legitimate, nondiscriminatory reasons for its
actions, and Complainant did not establish that those reasons were a pretext.
Specifically, Complainant did not apply for or otherwise seek consideration for the
two-week Acting Supervisor Maintenance Operations detail. She neither expressed
interest in the detail nor submitted an eCareer resume for consideration. Moreover,
management needed an employee who could immediately assume the duties of the
detail, had good attendance, and who demonstrated the skills needed to successfully
supervise 	electronic 	technicians, 	mail 	processing 	equipment 	mechanics,
maintenance 	mechanics, 	and 	custodians. 	The 	Agency 	noted 	that, 	even 	if
Complainant had sought consideration for the detail, she did not meet the above
criteria because she had a history of attendance issues and a disciplinary record that
included suspensions of 7 and 14 days for failure to follow instructions and
unsatisfactory performance within the preceding year.

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She also had not demonstrated the requisite mechanical and electronic knowledge
and skills to immediately assume the duties of the detail.
As Complainant did not request a hearing, we do not have the benefit of an
Administrative Judge’s credibility determinations after a hearing; therefore, we can
only evaluate the facts based on the weight of the evidence presented to us. Based
on the record before us, 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. The court has the sole
discretion to grant or deny these types of requests.

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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 21, 2026
Date