2026003185•EEOC Appeal 2026003185
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Stella B.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026003185 Agency No. 4G-300-08005-26 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated June 26, 2026, dismissing her 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. and Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. Upon review, the Commission finds that Complainant's complaint was properly dismissed pursuant to 29 C.F.R. § 1614.107(a)(2), due to the untimely filing of the formal complaint. BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a City Carrier Assistant at the Agency’s Hinesville Post Office in Hinesville, Georgia. 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.
2026003185 2 On June 3, 2026, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of race (unspecified), national origin (unspecified), sex (female), physical disability (hands and feet), and reprisal (unspecified) when: 1. On April 13, 2026, management told Complainant that her accident report would remain permanently on her record and failed to process her Office of Worker’s Compensation Programs (OWCP) paperwork; 2. On April 29, 2026, Complainant was terminated from the Agency; 3. On unspecified dates, Complainant was not properly trained; and, 4. On unspecified dates, management was verbally abusive and disrespectful towards Complainant. In the Agency’s final decision, the Agency dismissed Complainant’s formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2) due to untimely filing of the formal complaint. The Agency determined that Complainant received her Notice of Right to File an Individual Complaint (Notice or Notice of Right to File) via email on May 18, 2026. Therefore, Complainant had to file her formal complaint by June 2, 2026. However, the June 3, 2026, postmark on the envelope containing Complainant’s formal complaint, showed Complainant untimely filed her formal complaint 16 days after receiving the Notice of Right to File. The Agency’s decision also dismissed Claim 1 pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim, due to lodging a collateral attack on the proceedings of another forum, specifically, the Department of Labor. The instant appeal followed. CONTENTIONS ON APPEAL On appeal, Complainant requests the Commission reverse the Agency’s decision dismissing her formal complaint of discrimination due to untimely filing of the formal complaint. Complainant submits various arguments in support of her appeal. For example, Complainant argues that the Notice of Right to File did not clarify that Complainant needed to file the complaint within 15 calendar days of receiving the Notice. Complainant states the Notice only stated 15 days, therefore, due to the lack of clarity in the Notice, the time limit for filing her formal complaint should be tolled.
2026003185 3 Complainant also argues the filing deadline should be tolled because she was also experiencing medical issues, affecting her ability to timely file her formal complaint. The Agency did not submit any arguments in response to Complainant’s appeal. ANALYSIS EEOC Regulation 29 C.F.R. § 1614.107(a)(2) states, in pertinent part, that an agency shall dismiss a complaint for failure to comply with the applicable time limits, unless the agency extends the time limits in accordance with 29 C.F.R. § 1614.604(c). A formal “complaint must be filed within 15 days of receipt of the notice required by § 1614.105 (d), (e) or (f).” 29 C.F.R. § 1614.106(b). The Commission generally holds that documents transmitted to a complainant by email shall be deemed to be received when received if transmitted via email, or within five days of when the decision is emailed, whichever occurs first. See 29 C.F.R. § 1614.604(d). The Notice of Right to File was emailed to Complainant on May 18, 2026. Complaint File at 89-90. Additionally, Complainant signed the Notice stating that she received the Notice of Right to File on May 18, 2026. Id. at 21. Despite Complainant’s argument on appeal, we find that the Notice states that Complainant had to file a formal complaint within fifteen (15) calendar days of its receipt. Id. However, a postmark shows that Complainant filed her formal complaint on June 3, 2026, one day past the 15-day filing deadline. Id. at 35. Regarding Complainant’s argument that her medical conditions impacted her ability to timely file her formal complaint, we have consistently held, in cases involving physical or mental health difficulties, that an extension is warranted only where an individual is so incapacitated by their condition that they are unable to meet the regulatory time limits. See Dos Santos v. Dep't of Veterans Affairs, EEOC Appeal No. 01992476 (Jan. 3, 2001). A claim of incapacitation must be supported by medical evidence of incapacity during the relevant time frame. See Id; see, e.g., Maddux v. United States Postal Serv., EEOC Request No. 05980302 (Aug. 5, 1999). Here, Complainant did not submit any evidence showing she was medically incapacitated.
2026003185 4 On appeal, Complainant has not offered adequate justification to warrant an extension of the time limit for filing the complaint. We find that the Agency properly dismissed the formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2) due to untimely filing. Because we find that Complainant untimely filed her formal complaint, there is no need to address the Agency’s dismissal of Claim 1 for failure to state a claim. CONCLUSION Accordingly, the Agency's final decision dismissing Complainant's complaint is affirmed. 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
2026003185 5 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. 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.
2026003185 6 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 30, 2026 Date
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