2026002720•EEOC Appeal 2026002720
Full text
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Cassondra S.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Request No. 2026002720 Appeal No. 2026001237 Agency No. 4J-630-01921-26 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2026001237 (May 21, 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 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). 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.
2026002720 2 At the time of events, giving rise to this complaint, Complainant worked as a Rural Carrier, at the Agency’s Post Office facility in Sterling, Kansas. On January 8, 2026, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the basis of disability (unspecified) and in reprisal for prior protected EEO activity under Section 501 of the Rehabilitation Act of 1973 when: 1. Since April 2023, Complainant has not been accommodated in accordance with her medical restrictions when she has not permitted to return to work; 2. On or around September 22, 2023, a grievance settlement stated Complainant would be made whole, but that has not happened; 3. On unspecified dates, management delayed or interfered with the grievance procedure; 4. On an unspecified date, Complainant was issued a 14-Day Suspension, based on fabricated past discipline that does not exist; 5. On various dates management sent Complainant letters instructing her to report for Fitness for Duty exams; and 6. On unspecified dates, Complainant’s P.O. Box, and then her home, were surveilled and monitored by management. Our previous decision affirmed the Agency’s dismissal of Claims 1, 4, and 5 for asserting the same claims as were raised in prior complaints. We also affirmed the Agency’s dismissal of Claims 2 and 3 for constituting a collateral attack on the grievance process and failing to state a claim. Finally, we affirmed the Agency’s dismissal of Claim 6 for failure to state a claim as Complainant had not suffered a harm or loss to a term, condition, or privilege of her employment and any purported harassment was neither severe nor pervasive enough to state a claim. 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
2026002720 3 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 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. 2026001237 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
2026002720 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
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.