EEOC Appeal 2026001924

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Estell L.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026001924
Agency No. 1F-141-04409-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's final decision dated April
6, 2026, dismissing her 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. For the reasons set forth herein, we REVERSE the Agency’s
final decision dismissing Complainant’s complaint, and we REMAND this matter
to the Agency for further processing in accordance with the Order below.
The record reflects the following chronology of events.
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.

2 	2026001924
On January 5, 2026, Complainant initiated EEO Counselor contact. Complaint File
at 36.2
On February 18, 2026, an Agency EEO Specialist sent Complainant a Notice of
Right to File a Formal Complaint (Notice) via Complainant’s email address of
record. Complaint File at 44-45. The Notice properly informed Complainant that
she must file her formal complaint within 15 days from receipt of the Notice in order
for it to be timely filed. Complaint File at 45. Subsequently, Complainant filed a
formal EEO complaint, via United States Postal Service with tracking, postmarked
February 24, 2026. Complaint File at 27-29. However, the formal complaint form,
PS Form 2565, did not contain Complainant’s signature. Complaint File at 27.
On March 4, 2026, the Agency sent Complainant a letter via her email address of
record. Complaint File at 23-24. Therein, an Agency EEO Analyst stated that the
Agency received Complainant’s request to file a formal complaint. 	However, the
EEO Analyst stated that Complainant did not sign the formal complaint form.
Complaint File at 24. 	The Agency attached a blank copy of the formal complaint
form to its March 4, 2026, letter and requested Complainant complete and sign the
formal complaint form. 	Id. 	The March 4, 2026, letter further set forth that
Complainant needed to respond to the letter within 15 days of receipt or that failure
to do so could result in the dismissal of her complaint for failure to respond to an
Agency’s request for information. Id.
Complainant, via United States Postal Service with tracking, filed her signed formal
complaint postmarked March 6, 2026. Complaint File at 30-34.
On April 6, 2026, the Agency issued a final decision dismissing Complainant’s
complaint. 	Complaint File at 14-17. 	The Agency reasoned that Complainant
received the Notice on February 18, 2026, but did not file her formal complaint until
March 6, 2026, one day beyond the applicable time limit. Complaint File at 15.
On 	appeal, 	Complainant 	submits 	copies 	of 	screenshots 	containing 	tracking
information for the formal complaints she submitted via the United States Postal
Service on February 24, 2026, and March 6, 2026.
2 Our citations to the Complaint File reference the page number of the pdf document
before us on appeal.

3 	2026001924
Complaint File at 12-13. 	Complainant also submits statements from co-workers
addressing the merits of the complaint. Complaint File at 7-10.
The Agency’s decision to dismiss a complaint is subject to de novo review by the
Commission, which requires the Commission to examine the record without regard
to the factual and legal determinations of the previous decision maker and issue its
decision 	based 	on 	the Commission’s 	own 	assessment 	of the record 	and 	its
interpretation of the law. 29 C.F.R. § 1614.405(a). The Commission should construe
the complaint in the light most favorable to the complainant and take the complaint’s
allegations as true. 	See Cobb v. Department of the Treasury, EEOC Request No.
05970077 (March 13, 1997). Thus, all reasonable inferences that may be drawn from
the complaint’s allegations must be made in favor of the complainant.
The Agency improperly dismissed the formal complaint on the grounds it was
untimely filed. As discussed above, Complainant initially filed her unsigned formal
complaint on February 24, 2026, within 15 days of the Agency’s Notice dated
February 18, 2026. 	EEOC Regulation 29 C.F.R. § 1614.106(c) provides that a
complaint must contain a signed statement from the person claiming to be aggrieved,
or the person’s attorney. 	The Commission has previously instructed agencies to
allow a complainant an opportunity to correct a technical defect such as a lack of a
signature, prior to dismissing a complaint. See Pineda v. U.S. Postal Serv., EEOC
Appeal No. 01940017 (Dec. 29, 1993). In the instant matter, the Agency, by letter
dated March 4, 2026, instructed Complainant to resubmit the formal complaint form
with her signature, and provided her with 15 days from receipt of the March 4, 2026,
letter. Complainant timely filed a signed formal complaint on March 6, 2026.
Accordingly, we REVERSE the Agency’s final decision dismissing Complainant’s
complaint, for the reasons set forth herein, and we REMAND this matter to the
Agency for further processing in accordance with the ORDER below.
ORDER (E0224)
The Agency is ordered to process the remanded claims in accordance with 29 C.F.R.
§ 1614.108. The Agency shall acknowledge to the Complainant that it has received
the remanded claims within thirty (30) calendar days of the date this decision was
issued.

4 	2026001924
The Agency shall issue to Complainant a copy of the investigative file and also shall
notify Complainant of the appropriate rights within one hundred fifty (150)
calendar days of the date this decision was issued, unless the matter is otherwise
resolved prior to that time. 	If the Complainant requests a final decision without a
hearing, the Agency shall issue a final decision within sixty (60) days of receipt of
Complainant’s request.
As 	provided 	in 	the statement 	entitled 	“Implementation 	of the Commission's
Decision,” the Agency must send to the Compliance Officer: 1) a copy of the
Agency’s letter of acknowledgment to Complainant, 2) a copy of the Agency’s
notice that transmits the investigative file and notice of rights, and 3) either a copy
of the complainant’s request for a hearing, or a copy of the final agency decision
(“FAD”) if Complainant does not request a hearing.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 29 C.F.R. § 1614.405(c) and § 1614.502, compliance with the Commission’s
corrective action is mandatory. Within seven (7) calendar days of the completion of
each ordered corrective action, the Agency shall submit via the Federal Sector EEO
Portal (FedSEP) supporting documents in the digital format required by the
Commission, referencing the compliance docket number under which compliance
was being monitored. Once all compliance is complete, the Agency shall submit via
FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g). 	The Agency’s final report must contain supporting
documentation when previously not uploaded, and the Agency must send a copy of
all submissions to the Complainant and his/her representative.
If the Agency does not comply with the Commission’s order, the Complainant may
petition the Commission for enforcement of the order. 	29 C.F.R. § 1614.503(a).
The Complainant also has the right to file a civil action to enforce compliance with
the Commission’s order prior to or following 	an 	administrative petition 	for
enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g).
Alternatively, the Complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a
civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C.
2000e-16(c) (1994 & Supp. IV 1999).

5 	2026001924
If the Complainant files a civil action, the administrative processing of the
complaint, including any petition for enforcement, will be terminated. See 29
C.F.R. § 1614.409.
Failure by an agency to either file a compliance report or implement any of the orders
set forth in this decision, without good cause shown, may result in the referral of this
matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for
enforcement by that agency.
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.

6 	2026001924
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 (R0124)
This is a decision requiring the Agency to continue its administrative processing of
your complaint. However, if you wish to file a civil action, you have the right to file
such action in an appropriate United States District Court within ninety (90)
calendar days from the date that you receive this decision. In the alternative, you
may file a civil action after one hundred and eighty (180) calendar days of the
date you filed your complaint with the Agency, or filed your appeal with the
Commission. 	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. 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.

7 	2026001924
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
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 ___________l Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 16, 2026
Date