EEOC Appeal 2026003994

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Tammy S.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026003994
Hearing No. 830-2026-01963X
Agency No. 4E-852-13316-25
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission) from the Agency’s August 7, 2026 notice of final action
implementing the decision of an Administrative Judge (AJ), dismissing her formal
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., Section 501
of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C.
§ 791 et seq., and the Age Discrimination in Employment Act of 1967 (ADEA), as
amended, 29 U.S.C. § 621 et seq. The Agency’s decision dismissing the complaint
is AFFIRMED.
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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At the time of events giving rise to this complaint, Complainant worked as a City
Carrier at the Tempe Post Officed in Tempe, Arizona. 	On October 17, 2025,
Complainant 	filed 	a complaint 	alleging that 	the Agency 	subjected 	her to 	a
discriminatory hostile work environment on the bases of race (Black/African
American), 	sex 	(female), 	color 	(light 	skin), 	disability 	(Attention-
Deficit/Hyperactivity Disorder; Post-traumatic Stress Disorder; Bipolar I Disorder;
Schizoaffective Disorder; Obsessive-Compulsive Disorder; Paranoid Personality;
History of Alcohol Dependency, and Bilateral Hippocampal Volume Loss), age
(Y.O.B. 1984), and in reprisal for prior protected EEO activity when:
1. Since May 1, 2025, and ongoing, on dates to be specified, management
failed to accommodate her medical restrictions when they said she must
work up to 60 hours.
2. On July 12, 2025, and other possible dates to be specified, management
“tampered” with her start date.
3. On July 19, 2025, management forced her to sign an “attendance” paper and
then ignored all of her requests for a copy.
4. On August 21, 2025, and continuing, management harassed her when they
laughed at her, told her that she was taking too much time, that she should
complete her route “in less than 6 hours,” watched her, and mocked her
when she brought back mail.
5. On September 15, 2025, management issued her a Notice of Removal
During Probation.
6. On August 21, 2025, management would not allow her to file a grievance.
The Agency dismissed claim (6) for failure to state a claim. The Agency accepted
the remainder of the complaint for further processing.
At the conclusion of the investigation on the accepted claims, 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 (AJ). 	Complainant
requested a hearing. 	On July 23, 2026, the AJ dismissed the complaint on the
grounds that Complainant had filed a civil action on the same claims that were the

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subject of the instant formal complaint. 	On August 7, 2026, the Agency issued a
Notice 	of 	Final 	Action 	fully 	implementing 	the 	AJ’s 	decision 	to 	dismiss
Complainant’s complaint. The instant appeal followed.
The record reflects that on January 14, 2026, Complainant filed a civil action
(2:26-cv-00210) which was amended on June 4, 2026, and June 5, 2026, in the
United States District Court for the District of Arizona. A review of the complaint
filed in the civil action reflects that the claims raised in the civil action are the
same as those raised in the EEO complaint currently pending appeal.
EEOC Regulation 29 C.F.R. § 1614.409 provides:
Filing a civil action under § 1614.407 or § 1614.408 shall terminate
Commission processing of the appeal. A Commission decision on an
appeal issued after a complainant files suit in district court will not be
enforceable by the Commission. If private suit is filed subsequent to
the filing of an appeal and prior to a final Commission decision, the
complainant should notify the Commission in writing.
Accordingly, the Commission will dismiss a pending appeal/petition under these
circumstances 	to 	prevent 	a 	complainant 	from 	simultaneously 	pursuing 	both
administrative and judicial remedies on the same matters, wasting resources, and
creating the potential for inconsistent or conflicting decisions, and in order to grant
due deference to the authority of the federal district court. See, e.g., Wayne C. v.
Dep’t of Veterans Affairs, EEOC Appeal No. 2020002855 (Oct. 6, 2020); Bart L.
v. Dep’t of Agriculture, EEOC Appeal Nos. 2020000098, 2020000100 (Mar. 10,
2021); Von E. v. Dep’t of the Treasury, EEOC Appeal No. 2020004947 (Feb. 17,
2022).
Following a review of Civil Action No. 2:26-cv-00210, the Commission has
determined that the above-referenced civil action raises the same claims as the
EEO complaint currently on appeal.
Accordingly, the Agency’s decision dismissing the complaint is AFFIRMED.

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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. 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).

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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
9/21/2026
Date