EEOC Appeal 2026003539

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Dominique N.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service,
Agency.
Request No. 2026003539
Appeal No. 0120151316
Agency No. 4E-852-0011-11
DECISION ON REQUEST FOR RECONSIDERATION
Complainant 	timely 	requested 	that 	the 	Equal 	Employment 	Opportunity
Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No.
0120151316 	(November 	17, 	2026). 	EEOC 	Regulations 	provide 	that 	the
Commission may, in its discretion, grant a request to reconsider any previous
Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), where the
requesting party demonstrates 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.
See 29 C.F.R. § 1614.405(c).
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.

2026003539	2
In the previous decision, the Commission affirmed a final order finding that
Complainant had not established that the Agency discriminated against him based
on race, sex and reprisal regarding his claim of discrimination and harassment. The
Commission therein noted that the record was devoid of any evidence that created
a genuine dispute of material fact regarding whether the Agency’s actions were
motivated by discriminatory animus.
We decline to consider Complainant’s request for reconsideration because it was
untimely filed. Importantly, more than nine years and seven months have passed
between the Commission’s November 17, 2016, decision and the instant request
filed on July 2, 2026. To be timely, Complainant’s request should have been filed
on or around December 17, 2016.
Moreover, the Commission’s 2016 decision included appeal rights that clearly
stated: “Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar days of
receipt of this decision or within twenty (20) calendar days of receipt of another
party’s timely request for reconsideration.”
The previous decision also stated: “Failure to file within the time period will result
in dismissal of your request for reconsideration as untimely, unless extenuating
circumstances prevented the timely filing of the request.”
Complainant’s request is devoid of any justification for extending the filing
deadlines; and we can find no basis to disturb the Commission's prior decision.
Therefore, Complainant’s request is dismissed.
Additionally, after reviewing the previous decision and the entire record, the
Commission finds that the request fails to meet the criteria of 29 C.F.R. §
1614.405(c), and it is the decision of the Commission to deny the request. The
decision in EEOC Appeal No. 0120151316 remains the Commission's decision.
There 	is 	no 	further 	right 	of 	administrative 	appeal 	on 	the 	decision 	of 	the
Commission on this request.

2026003539	3
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0124)
This 	decision 	of 	the 	Commission 	is 	final, and 	there 	is 	no 	further 	right 	of
administrative appeal from the Commission’s decision. 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.
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
T. Gimbrere, Acting Director
Office of Federal Sector
September 21, 2026
Date