EEOC Appeal 2026002075

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Kelley L.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026002075
Agency No. 4B-270-02037-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated March 20,
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 improperly dismissed for failure to state a claim.
At the time of events giving rise to this complaint, Complainant worked as a
Carrier 	Technician 	at 	the 	Agency’s 	Independence 	Annex 	postal 	facility 	in
Charlotte, NC. On March 3, 2026, Complainant filed a formal complaint alleging
that the Agency subjected him to hostile workplace discrimination on the bases of
race (African-American) and sex (male), when on October 8, 2025, and other
unspecified dates, management yelled at him.
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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In its final decision, the Agency only listed and examined the single above claim.
However, 	in 	his 	formal 	complaint, 	Complainant 	specifically 	identifies 	the
responsible 	management 	official 	as 	his 	supervisor, 	the 	Customer 	Services
Supervisor (Services Supervisor). Complainant asserts that Services Supervisor
allowed White T-6 mail carriers “to freely select preferred routes,” while he was
made to strictly adhere to his designated route without discretion. Complainant
also asserts that “[t]his difference in treatment was noticeable and consistent.”
Complainant further asserts that Services Supervisor “communicates calmly and
respectfully with White male carriers but uses intimidation, yelling, and hostile
communication toward Black carriers, including myself.”
The Agency issued a decision dismissing the complaint for failure to state a claim,
pursuant to 29 C.F.R. § 1614.107(a)(1). The Agency reasoned that Complainant’s
allegation that management yelled at him is not sufficiently severe or pervasive to
state a viable hostile work environment claim.
On appeal, Complainant reasserts his claims that White mail carriers are granted
preferential treatment over Black mail carriers in selecting route assignments.
Complainant maintains that he has stated an actionable claim of hostile workplace
discrimination, and an investigation of his claims would essentially reveal the
merits of his overall complaint.
The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in relevant part,
that an agency shall dismiss a complaint that fails to state a claim. An agency shall
accept a complaint from any aggrieved employee or applicant for employment who
believes that he or she has been discriminated against by that agency because of
race, color, religion, sex, national origin, age, disability, genetic information or
reprisal. 	29 C.F.R. §§ 1614.103, .106(a). The Commission's federal sector case
precedent has long defined an "aggrieved employee" as one who suffers a present
harm or loss with respect to a term, condition, or privilege of employment for
which there is a remedy. 	Diaz v. Dep’t of the Air Force, EEOC Request No.
05931049 (Apr. 21, 1994).
Throughout the EEO Counselor’s Report, formal complaint and appeal statement,
Complainant alleges continued hostility by his supervisor because of his race and
sex. Complainant is alleging disparate treatment concerning route assignments
because of his race. Further, Complainant is alleging that his supervisor uses
intimidation, yelling, and hostile communication toward Black carriers.

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We find the events described in the above claims, if proven to be true and
considered 	together, would 	indicate that 	Complainant 	has 	been 	subjected 	to
harassment that was sufficiently severe or pervasive to alter the conditions of his
employment. See Cobb v. Department of the Treasury, EEOC Request No.
05970077 (March 13, 1997).
Accordingly, the Agency's final decision dismissing Complainant's complaint is
reversed. The complaint is hereby remanded to the Agency for further processing
in accordance with this decision and the Order below.
ORDER (E0224)
The Agency is ordered to process both the remanded disparate treatment claim
involving route assignments and the overall hostile work environment claim in
accordance with 29 C.F.R. § 1614.108. 	The Agency shall acknowledge to the
Complainant that it has received the remanded claim within thirty (30) calendar
days of the date this decision was issued. The Agency shall issue to Complainant
a copy of the investigative file and also shall notify Complainant of the appropriate
rights within one hundred fifty (150) calendar days of the date this decision was
issued, 	unless 	the 	matter 	is 	otherwise 	resolved 	prior 	to 	that 	time. 	If 	the
Complainant requests a final decision without a hearing, the Agency shall issue a
final decision within sixty (60) days of receipt of Complainant’s request.
As 	provided 	in 	the statement 	entitled 	“Implementation 	of the Commission's
Decision,” the Agency must send to the Compliance Officer: 1) a copy of the
Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s
notice that transmits the investigative file and notice of rights, and 3) either a copy
of the complainant’s request for a hearing, or a copy of the final agency decision
(“FAD”) if Complainant does not request a hearing.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 	29 	C.F.R. 	§ 	1614.405(c) 	and 	§ 	1614.502, 	compliance 	with 	the
Commission’s corrective action is mandatory. 	Within seven (7) calendar days of
the completion of each ordered corrective action, the Agency shall submit via the
Federal Sector EEO Portal (FedSEP) supporting documents in the digital format
required by the Commission, referencing the compliance docket number under
which compliance was being monitored.

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Once all compliance is complete, the Agency shall submit via FedSEP a final
compliance report in the digital format required by the Commission. See 29 C.F.R.
§ 1614.403(g). The Agency’s final report must contain supporting documentation
when 	previously 	not 	uploaded, 	and 	the 	Agency 	must 	send 	a 	copy 	of 	all
submissions to the Complainant and his/her representative.
If the Agency does not comply with the Commission’s order, the Complainant may
petition the Commission for enforcement of the order. 	29 C.F.R. § 1614.503(a).
The Complainant also has the right to file a civil action to enforce compliance with
the Commission’s order prior to or following 	an 	administrative petition 	for
enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g).
Alternatively, the Complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a
civil action on the underlying complaint is subject to the deadline stated in 42
U.S.C. 2000e-16(c) (1994 & Supp. IV 1999). 	If the Complainant files a civil
action, the administrative processing of the complaint, including any petition
for enforcement, will be terminated. See 29 C.F.R. § 1614.409.
Failure by an agency to either file a compliance report or implement any of the
orders set forth in this decision, without good cause shown, may result in the
referral of this matter to the Office of Special Counsel pursuant to 29 C.F.R. §
1614.503(f) for enforcement by that agency.
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.

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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).
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 (R0124)
This is a decision requiring the Agency to continue its administrative processing of
your complaint. 	However, if you wish to file a civil action, you have the right to
file such action in an appropriate United States District Court within ninety (90)
calendar days from the date that you receive this decision.

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In the alternative, you may file a civil action after one hundred and eighty (180)
calendar days of the date you filed your complaint with the Agency, or filed your
appeal with the Commission. 	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. 	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 14, 2026
Date