EEOC Appeal 2026002337

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Dominica H.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026002337
Hearing No. 830-2026-00375X
Agency No. 4J-553-10832-25
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency’s final decision dated April
7, 2026, dismissing her complaint of unlawful employment discrimination in
violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as
amended, 29 U.S.C. § 791 et seq.
During the relevant time, Complainant worked as a Rural Carrier at the Agency’s
Post Office in Saint Michael, Minnesota.
Believing that the Agency subjected her to unlawful discrimination, Complainant
contacted an Agency EEO Counselor to initiate the EEO complaint process.
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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Complainant alleged that the Agency subjected her to discrimination on the basis
of disability (deaf/hard of hearing).
Informal efforts to resolve the dispute were unsuccessful and the EEO Counselor
held 	a 	final 	interview 	with 	Complainant. 	On 	September 	9, 	2025, 	the 	EEO
Counselor provided Complainant with a Notice of Right to File a Complaint
(Notice), 	expressly 	setting 	forth 	that 	a 	formal 	complaint 	had 	to 	be 	filed
within 15 days of receiving the Notice. However, Complainant instead requested a
hearing. In an Order dated March 3, 2026, an EEOC Administrative Judge (AJ)
dismissed Complainant’s complaint for failure to file a formal complaint within the
15-day regulatory deadline and remanded the matter to the Agency for issuance of
a decision. Complainant filed a formal complaint the same day.
In its final decision, the Agency dismissed Complainant’s complaint pursuant to 29
C.F.R. § 1614.107(a)(2), on the grounds that it was untimely filed. Specifically, the
Agency determined that Complainant received the written Notice on September 9,
2025, but only filed her formal complaint on March 3, 2026, which was after the
15-day regulatory filing deadline.
The regulation set forth 29 C.F.R. § 1614.107(a)(2) states, in pertinent part, that an
Agency shall dismiss a complaint which fails to comply with the applicable time
limits contained in 29 C.F.R. § 1614.106, which, in turn, requires the filing of a
formal complaint within 15 days of receiving notice of the right to do so. Under 29
C.F.R. § 1614.604(c) the time limit is subject to waiver, estoppel and equitable
tolling.
On appeal, Complainant does not dispute that she received the written Notice on
September 9, 2025, or that she failed to file her formal complaint within the 15-
day time-limit. Rather, she argues that the time limitation period for filing the
formal complaint should be extended on the grounds of equitable tolling because
she is deaf and relies on American Sign Language (ASL) to understand workplace
instructions. We find that her contention is not supported by the record. On appeal
Complainant acknowledged that although her primary language is ASL there are
other effective modes of communication, including written communication. The
Notice 	was 	transmitted 	to 	Complainant 	in 	written 	form; 	therefore, 	she 	was
satisfactorily notified of the 15-day time limit.

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The Agency’s final decision 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.
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).

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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
T. Gimbrere, Acting Director
Office of Federal Sector
September 14, 2026
Date