2026002839•EEOC Appeal 2026002839
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Milan S.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Request No. 2026002839 Appeal No. 2025002418 Agency No. 4J-606-0139-24 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2025002418 (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 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.
2026002839 2 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). During the period at issue, Complainant worked for the Agency as a city carrier assistant in Barrington, Illinois. On April 12, 2024, Complainant filed a formal EEO complaint alleging that the Agency discriminated against him based on race (Hispanic/perceived White), sex (male, LGBTQ), color (medium), disability (physical – back) (mental – perceived), age (YOB 1976), and in reprisal for prior protected EEO (reporting discrimination/harassment) when he was compelled to quit his Agency position because: 1. On January 18, 22, and 25, 2024, a management official said Complainant was slow, delusional, he got in Complainant’s personal space, and said that Agency workers did not feel safe talking to him; 2. Between December 26, 2023, and January 25, 2024, he was given a larger and harder workload; and 3. On January 25, 2024, Complainant was placed on Emergency Placement (EP). Our previous decision affirmed the Agency’s finding that the alleged incidents were not objectively severe or pervasive enough to establish a discriminatory hostile work environment and not sufficiently material to deter protected activity to establish a retaliatory hostile work environment. Furthermore, we agreed that Complainant failed to show that the alleged conduct was based on discriminatory or retaliatory animus. Moreover, to the extent that Complainant is alleging disparate treatment regarding his claims, we agreed that Complainant did not proffer sufficient evidence demonstrating that the Agency’s explanation for its actions was a pretext for discrimination or retaliation. We have reviewed the various arguments raised by Complainant in the instant request for reconsideration. However, we can find no basis to disturb the Commission’s prior decision. Complainant presents arguments which were previously raised and considered or could have been raised during the original appeal. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VII.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a
2026002839 3 reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Thus, we conclude that Complainant has not presented any persuasive evidence to support reconsideration of the Commission’s previous decision. 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. 2025002418 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request. COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0124) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. 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. 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. Such requests do not alter the
2026002839 4 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 28, 2026 Date
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