EEOC Appeal 2026001904

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Vaugn C.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026001904
Agency No. 4B-100-01120-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated February
27, 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. and the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. § 621 et seq.
During the relevant time, Complainant worked as a City Carrier at the Agency’s
Post Office in Brooklyn, New York.
On January 23, 2026, Complainant filed a formal complaint alleging that the
Agency subjected him to discrimination based on race, national origin, color, sex),
and age when:
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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On September 26, 2025, management followed Complainant to the
restroom and told him when to leave the station.
The 	Agency 	dismissed 	Complainant's 	complaint 	pursuant 	to 	29 	C.F.R. 	§
1614.107(a)(1), for failure to state a claim. The Agency noted that Complainant's
claim consisted of only one incident. The Agency determined the alleged incident
was not sufficiently severe or pervasive to state a claim of a hostile work
environment. The Agency found there was no evidence in the record to show that
Complainant was subjected to any adverse action or that he was denied any
entitlement in relation to a term, condition, or privilege of employment as a result
of the allegations.
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 or disabling condition. 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 (April 21,
1994). 	The 	Commission 	has 	repeatedly 	found 	that 	remarks 	or 	comments
unaccompanied 	by 	a 	concrete 	agency 	action 	are 	not 	a 	direct 	and 	personal
deprivation sufficient to render an individual aggrieved for the purposes of Title
VII. See Backo v. U.S. Postal Service, EEOC Request No. 05960227 (June 10,
1996); Henry v. U.S. Postal Service, EEOC Request No. 05940695 (February 9,
1995)
Here, Complainant alleges that he was subjected to unwelcome conduct on
September 26, 2025. Assuming that Complainant’s version of the event is true, the
manager who followed Complainant into the restroom to tell him when to leave the
station, may have been deemed by Complainant to be unprofessional. Even so, the
Commission 	does 	not 	enforce 	a 	civility 	code, 	and 	the 	isolated 	incident 	is
insufficiently severe or pervasive to have reasonably interfered with Complainant’s
work environment. See Oncale v. Sundowner Offshore Serv., Inc.,523 U.S. 75, 81
(1998).

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Furthermore, Complainant did not allege that he was denied any entitlement in
relation to a term, condition, or privilege of employment, because of the incidents
detailed in his complaint.
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
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.

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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. 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
September 15, 2026
Date