2026002222•EEOC Appeal 2026002222
Gesamter Gesetzestext
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Dong R.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026002222 Agency No. 1C-131-06446-26 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated April 8, 2026, dismissing his complaint of unlawful 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. Upon review, the Commission finds that Complainant's complaint was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(1), due to stating the same claim that is pending before or has been decided by the agency or Commission. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Mail Handler at the Agency’s Syracuse Processing and Distribution Center (P&DC) in 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.
2026002222 2 Syracuse, New York. On March 31, 2026, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of race (Arabic), and religion (Muslim) when: 1. On August 1, 2022, and ongoing, Complainant has been denied a 204(B) (Acting Supervisor) position. The Agency issued a final decision dismissing Complainant’s formal complaint pursuant to 29 C.F.R. § 1614.107(a)(1) for stating the same claim that is pending before or has been decided by the agency or Commission. In its decision, the Agency found that the instant complaint raised a claim identical to the claim Complainant raised in a prior informal EEO complaint (Agency No. 1C-131- 05833-26). The decision noted Complainant withdrew his prior complaint on February 26, 2026. CONTENTIONS ON APPEAL In support of his appeal, Complainant submitted several documents, including an email he sent to the EEO Counselor asking to reactivate his informal EEO complaint. In the email, Complainant explains that he withdrew his previous informal EEO complaint because when he previously spoke with the EEO Counselor, he was frustrated and felt his case would not be successful. ANALYSIS The Commission has previously found that where a complainant knowingly and voluntarily withdraws his complaint, the Commission considers the matter to have been abandoned. See Complainant v. Dep't of Commerce, EEOC Appeal No. 0120092893 (Sep. 28, 2011) (citing Complainant v. Dep't of Transp., EEOC Request No. 05930805 (Feb. 25, 1994)). Further, Complainant may not request reinstatement of an informal complaint. See id. (citing Allen v. Dep't of Defense, EEOC Request No. 05940168 (May 25, 1995)). Once a complainant has withdrawn an informal complaint, absent a showing of coercion, a complainant may not reactivate the EEO process by filing a complaint on the same issue. Id.
2026002222 3 Here, Complainant initiated EEO counselor contact in his previous informal EEO complaint (Agency No. 1C-131-05833-26) on February 20, 2026. In the previous matter, Complainant alleged that since August 2022, he has not been offered a 204(B) or supervisor position. He alleged that since he submitted his request to become a 204(B) or a supervisor, he has witnessed around ten people who have been given 204(B) and supervisor positions. Complaint File at 56. On February 26, 2026, Complainant requested to withdraw his informal complaint. Complainant’s Appeal Submission at 11. That same day, the EEO Counselor sent Complainant an email confirming his request to withdraw his informal EEO complaint and notifying him that his case would be closed. Id. On appeal, Complainant has not identified or provided evidence of any misrepresentation or factually inaccurate information by the EEO counselor. Complainant only identifies that the conversation with the EEO Counselor left him feeling frustrated and made him feel his case would not be successful. Id. Complainant has not submitted any evidence showing that the EEO Counselor made specific statements regarding the likelihood of success of his claim, just his own feelings following the conversation with the EEO Counselor. See Allen v. Dep’t of Veterans Affairs, EEOC Appeal No. 01A33203 (Feb. 25, 2004) (Despite complainant’s assertion that she believed the EEO counselor was filing complainant’s formal complaint on her behalf, there was no evidence in the record that the EEO counselor misled Complainant into that belief). This is insufficient to establish that the EEO Counselor provided misleading information or improperly dissuaded Complainant from filing a EEO complaint. We find Complainant knowingly and voluntarily withdrew his prior case during informal processing. EEOC Regulation 29 C.F.R. § 1614.107(a)(1) provides that the Agency shall dismiss a complaint that states the same claim that is pending before or has been decided by the agency or Commission. It has long been established that “same” does not mean “similar.” The Commission has consistently held that in order for a complaint to be dismissed as identical, the elements of the complaint must be identical to the elements of the prior complaint in time, place, incident, and parties. See Jackson v. Dep’t of the Air Force, EEOC Appeal No 01955890 (April 5, 1996), rev'd on other grounds, EEOC Request No. 05960524 (April 24, 1997). In Complainant’s previously withdrawn informal EEO complaint, Complainant alleged that since August 2022, he has not been offered the position of a 204(B).
2026002222 4 Since he submitted his request to become a 204(B), there have been around 10 people who have been given a 204B and supervisor position. Complaint File at 56. Complainant provided the same information in his March 31, 2026, formal complaint that he gave during his prior informal EEO complaint. Id. at 35. Complainant has not provided sufficient information to enable a fact-finder to determine whether or not the claim is new or identical to his previous claims. Complainant has not provided any details or information specifying how the instant claim differs from his earlier raised claims. Given Complainant’s reference in both the instant and prior claim to August 2022 and the ten people who have become a 204(B) or supervisor since he submitted his request, along with Complainant’s lack of specificity showing how the two claims differ, we find that Complainant raises the same claim as his previous EEO informal complaint. See Hou Hsu v. U.S. Postal Serv., EEOC Appeal 0120122398 (Sept. 12, 2013). Accordingly, we find that the Agency properly dismissed the claim for stating the same claim that is pending before or has been decided by the agency or Commission. CONCLUSION The Commission AFFIRMS the Agency’s final decision dismissing Complainant’s complaint pursuant to 29 C.F.R. § 1614.107(a)(1). 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
2026002222 5 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. 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.
2026002222 6 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. 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 __________ Acting Director's signature T. Gimbrere, Acting Director Office of Federal Sector September 15, 2026 Date
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