EEOC Appeal 2026000277

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Mary E.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026000277
Hearing No. 440-2024-00305X
Agency No. 1F-341-0198-24
DECISION
On September 29, 2025, Complainant filed an appeal with the Equal Employment
Opportunity 	Commission 	(EEOC 	or 	Commission), 	pursuant 	to 	29 	C.F.R.
§ 1614.403(a), from the Agency’s September 12, 2025, notice of final action
concerning her equal employment opportunity (EEO) complaint of 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. For the following reasons, the Commission
AFFIRMS the Agency’s final action finding no discrimination.
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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At the time of events giving rise to this complaint, Complainant worked as a Mail
Processing Clerk at the Agency’s Chicago International Service Center in Chicago,
Illinois. 	On May 7, 2024, Complainant filed an EEO complaint alleging that the
Agency discriminated against her on the bases of color (light skinned)2 and in
reprisal for prior protected EEO activity when beginning on February 8, 2024, and
continuing, she was not permitted to perform the duties of back-up clerk.
At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of her right to request a hearing
before an EEOC Administrative Judge (AJ). 	Complainant requested a hearing.
Over Complainant's objections, the AJ granted the Agency’s motion for summary
judgment and issued a decision without a hearing on September 5, 2025.
The AJ found the Agency articulated legitimate, nondiscriminatory reasons for its
actions. 	The Agency noted part of the duties of a back-up clerk is to call for
emergency services when needed. 	The Agency stated while serving as back-up
clerk, Complainant failed to follow proper protocol when she advised employees
who contacted her for emergency services to call 911 on their cell phone. 	As a
result of not following proper protocol during back-up clerk duties, management
instructed she not be permitted to perform the duties of back-up clerk. 	The AJ
determined other than her unsupported allegations, Complainant presented no
evidence that the Agency’s actions were motivated by either of her protected bases.
The Agency subsequently issued a notice of final action fully implementing the
AJ’s finding that Complainant failed to prove that the Agency subjected her to
discrimination as alleged. The instant appeal followed.
At the outset, we note Complainant does not challenge the definition of the
accepted claim. 	We find the record in the present case adequately developed.
Having thoroughly reviewed the record, and construing any inferences raised by
the undisputed facts in favor of Complainant, we find that a reasonable fact-finder
could not find in Complainant’s favor.
2 Initially color was not an identified basis in the formal complaint; however,
Complainant subsequently added color as a basis during the investigation of her
complaint.

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Upon careful review of the AJ’s decision and the evidence of record, as well as the
parties’ arguments on appeal, we conclude that the AJ correctly determined that the
preponderance 	of 	the 	evidence 	did 	not 	establish 	that 	Complainant 	was
discriminated against by the Agency as alleged.
Accordingly, we AFFIRM the Agency’s final action implementing the AJ’s
decision finding no discrimination.
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.

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