EEOC Appeal 2026002830

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Demarcus I.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Request No. 2026002830
Appeal No. 2025001406
Agency No. 4G-752-0286-24
DECISION ON REQUEST FOR RECONSIDERATION
Complainant 	requested 	that 	the Equal 	Employment 	Opportunity 	Commission
(EEOC or Commission) reconsider its decision in Demarcus I. v. U.S. Postal Serv.,
EEOC Appeal No. 2025001406 (May 6, 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.

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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. 2025001406 remains the Commission's decision. There is no further right of
administrative appeal on the decision of the Commission on this request.
ORDER
To the extent it has not already done so, the Agency shall take the following remedial
actions:
1. Within sixty (60) calendar days of the date this decision is issued, the Agency
shall expunge all medical information concerning Complainant from its non-
medical files, including personnel files, and shall ensure Complainant’s
medical information is maintained in a separate and appropriate medical file.
2. Within ninety (90) calendar days of the date this decision is issued, the
individuals identified in this decision as Supervisor-1, Manager-1, Manager-
2, and the Postmaster, as well as all supervisory and managerial employees at
the Agency’s Hurst North Station in Hurst, Texas, shall complete one hour of
in-person or interactive EEO training on the Agency’s obligations under the
Rehabilitation Act. The training shall include an emphasis on management’s
obligation to maintain employees’ medical information in separate and
appropriate medical files.
The Agency shall provide the Compliance Officer with proof of attendance,
as well as the contents and materials it used for the training. If the identified
individuals 	have 	left 	the 	Agency’s 	employ, 	the 	Agency 	shall 	furnish
documentation of their departure date(s).
3. 	Within one hundred twenty (120) calendar days from the date this decision
is issued, the Agency shall consider disciplining Supervisor-1, Manager-1,
Manager-2, and the Postmaster for the failure to secure confidential medical
information in a separate medical file in violation of the Rehabilitation Act
found to have occurred in this decision. The Commission does not consider
training to be disciplinary action. The Agency shall report its decision to the
Compliance Officer. If the Agency decides to take disciplinary action, it shall
identify the action taken.

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4. 	If the Agency decides not to take disciplinary action, it shall set forth the
reason(s) for its decision not to impose discipline. If these individuals have
left the Agency’s employ, the Agency shall furnish documentation of their
departure date(s).
5. Within thirty (30) calendar days of the date this decision is issued, the
Agency shall post a notice in accordance with the section listed below, entitled
“Posting Order.” The Agency shall provide the Compliance Officer with the
original signed and dated notice, reflecting the dates that the notice was
posted, along with evidence that the notice was physically posted at the
facility and electronically.
The Agency is further directed to submit a report of compliance in digital format as
provided in the statement entitled “Implementation of the Commission’s Decision.”
The report shall be submitted via the Federal Sector EEO Portal (FedSEP). See 29
C.F.R. § 1614.403(g). Further, the report must include evidence that the corrective
action has been implemented.
POSTING ORDER (G0617)
The Agency is ordered to post at its Hurst North Station facility in Hurst, Texas
copies of the attached notice. Copies of the notice, after being signed by the Agency's
duly authorized representative, shall be posted both in hard copy and electronic
format by the Agency within 30 calendar days of the date this decision was issued,
and shall remain posted for 60 consecutive days, in conspicuous places, including
all places where notices to employees are customarily posted. The Agency shall take
reasonable steps to ensure that said notices are not altered, defaced, or covered by
any other material. The original signed notice is to be submitted to the Compliance
Officer as directed in the paragraph entitled “Implementation of the Commission’s
Decision,” within 10 calendar days of the expiration of the posting period. The report
must be in digital format and must be submitted via the Federal Sector EEO Portal
(FedSEP). See 29 C.F.R. § 1614.403(g).

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ATTORNEY'S FEES (H1125)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. §
1614.501(e)(1)(iii)), they are entitled to an award of reasonable attorney's fees
incurred in the processing of the complaint. 29 C.F.R. § 1614.501(e). The award of
attorney's fees shall be paid by the Agency. The attorney shall submit a verified
statement of fees to the Agency -- not to the Equal Employment Opportunity
Commission, Office of Federal Sector -- within thirty (30) calendar days of receipt
of this decision. The Agency shall then process the claim for attorney's fees in
accordance with 29 C.F.R. § 1614.501.
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. 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.

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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.
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. 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.

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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 	Acting Director's signat 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 21, 2026
Date