EEOC Appeal 2026002991

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Beatrice B.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Headquarters),
Agency.
Appeal No. 2026002991
Hearing No. 480-2025-00599X
Agency No. 6X-240-06894-25
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated June 11,
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. and 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 City Carrier at the Agency’s
Post Office in Torrance, California.
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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On May 7, 2025, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination on the bases of disability and reprisal when:
Beginning September 7, 2022, Complainant was paid at the wrong pay rate.
After 	its 	investigation 	into 	the 	formal 	complaint, 	the 	Agency 	provided
Complainant with a copy of the report of investigation and notice of right to
request 	a hearing 	before an 	EEOC Administrative 	Judge 	(AJ). Complainant
requested a hearing.
On May 22, 2026, the AJ dismissed the complaint pursuant to 29 C.F.R. §
1614.107(a)(1), 	for 	failure 	to 	state 	a 	claim. 	Specifically, 	the 	AJ 	found 	the
complaint 	concerned 	the 	Agency’s 	alleged 	submission 	of 	inaccurate 	salary
information to the Office of Worker’s Compensation Programs (OWCP), which
constituted a collateral attack on the proceedings of another forum, namely, the
Department of Labor’s OWCP adjudicatory process. In addition, the AJ dismissed
Complainant’s complaint for not following timelines delineated in 29 C.F.R. §
1614.107(a)(2).
On June 11, 2026, the Agency issued its final order adopting the AJ's dismissal of
the complaint. The instant appeal followed.
A claim that can be characterized as a collateral attack if, by definition, it involves
a challenge to another forum’s adjudicatory proceedings, such as the workers’
compensation process, the negotiated grievance process, state or federal litigation.
See Fisher v. Department of Defense, EEOC Request No. 05931059 (July 15,
1994). 	Here, 	Complainant 	asserts 	that 	the 	Agency 	submitted 	inaccurate
information 	to 	OWCP, 	which 	caused 	her 	to 	receive 	low 	OWCP 	payments.
Complaints involving other administrative proceedings, including those involving
the OWCP and its related processes, do not state a claim within the meaning of its
regulations. See Hogan v. Dep't of the Army, EEOC Request No. 05940407 (Sept.
29, 1994). Our rejection of such claims includes cases like this one, where the
claim of discrimination is based on the Agency's actions (alleged submission of
inaccurate information) rather than those of OWCP. See Schneider v. U.S. Postal
Serv., EEOC Request No. 05A01065 (Aug. 15, 2002) (rejecting complainant's
claim that the Agency's delay in processing her OWCP paperwork constituted
harassment); Bell v. Dep't of Transportation, EEOC Appeal No. 01991806 (Jan.
11, 	2001) 	(dismissing 	a 	discrimination 	complaint 	alleging 	that 	the 	agency

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submitted inaccurate and incomplete information to the Department of Labor while
processing the complainant's OWCP claim). The proper forum for Complainant to
have raised her challenges to actions which occurred as part of the OWCP process
was within that forum itself.
Because we find that the complaint should be dismissed for other reasons, we do
not need to consider alternative grounds for dismissal.
The Agency's final order adopting the AJ's order dismissing the complaint for the
reasons discussed above 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,

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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).
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.

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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 ______ Gul Chaudhry’s signature
Office of Federal Sector
September 29, 2026
Date