EEOC Appeal 2026003007

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Harlan P.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026003007
Agency No. 4E-940-04698-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated May 13,
2026, 	dismissing 	his 	complaint 	of 	unlawful 	employment 	discrimination 	in
violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as
amended, 29 U.S.C. § 791 et seq. For the reasons presented below, we AFFIRM
the Agency’s final decision dismissing Complainant’s complaint.
At the time of events giving rise to this complaint, Complainant worked as a Sales
Service 	Distribution 	Associate 	at 	the 	Agency’s 	Woodacre 	Post 	Office 	in
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 April 20, 2026, Complainant filed a formal complaint alleging that the Agency
subjected him to discrimination on the basis of disability (physical) when:
1. 	On 	November 	14, 	2025, 	Complainant 	was 	issued 	a 	Notice 	of
Separation.
The Agency dismissed the complaint pursuant to 29 C.F.R. § 1614.107(a)(2) on
the grounds of untimely EEO counselor contact, finding that Complainant did not
contact an EEO counselor about the Notice of Separation within 45 days of
receiving it. Complainant filed the instant appeal.
On appeal, Complainant contends he did not receive the November 14, 2025,
Notice of Separation (the Notice) and he did not learn of the Notice until January
27, 2026, when his union representative disclosed this information to Complainant
after Complainant filed a grievance in early January 2026. Complainant states the
Notice was sent to an old address where he resided from September 1-22, 2025
(Address 1). Complainant states he did not pick up mail at Address 1 after he
moved from that address. Complainant contends that when he applied for his
position in February 2026, he listed his then-current address (Address 2) and that
he did not list Address 1.
The Agency contends on appeal that: 1) Complainant used Address 1 on his
application for employment; 2) Complainant admits he did not attempt to collect or
forward mail from Address 1 after September 22, 2025: and 3) Complainant failed
to update his official mailing address through any official Agency mechanisms.
The Notice was thus mailed by Priority Mail with tracking to his address of record
(Address 1), and it was scanned delivered on November 17, 2025. The Agency
notes that its Employee and Labor Relations Manual requires employees to keep
the Agency informed of their current mailing addresses, and that Complainant was
not prevented from contacting an EEO counselor by circumstances beyond his
control 	when 	he 	failed 	to 	update 	his 	official 	mailing 	address. 	Therefore,
Complainant has not justified an extension of time.
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).

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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.
EEOC Regulation 29 C.F.R. §1614.105(a)(1) provides that an aggrieved person
must initiate contact with an EEO Counselor within forty-five (45) days of the date
of the matter alleged to be discriminatory or, in the case of a personnel action,
within forty-five (45) days of the effective date of the action. EEOC Regulation 29
C.F.R. § 1614.107(a)(2) provides for the dismissal of complaints where the
complainant did not initiate contact with an EEO Counselor within forty-five (45)
days of the date of the matter alleged to be discriminatory or, in the case of a
personnel 	action, 	within 	45 	days 	of 	the 	effective 	date 	of 	the 	action. 	The
Commission's regulations provide that these time limits are subject to waiver,
estoppel, and equitable tolling. 29 C.F.R. § 1614.604(f).
Here, Complainant first contacted an EEO counselor on January 23, 2026, more
than 45 days after the Notice was delivered to his address of record (Address 1),
making 	his 	EEO 	counselor 	contact 	untimely. 	We 	are 	not 	persuaded 	by
Complainant’s arguments that he did not learn of his separation until much later.
Although Complainant states otherwise, the record reflects that when he applied
for the position from which he was separated, he provided Address 1 as his mailing
address. (Agency Appeal Brief, Ex. A). Complainant admits he did not make any
effort to collect or forward mail sent to Address 1 between when he moved on
September 	22, 	2025, 	and 	when 	the Notice 	was 	delivered 	to 	Address 	1 	on
November 17, 2025. (Complainant Appeal Brief, p. 5). He also admits he did not
update his address with the Agency until March 2026. (Complainant Appeal Brief,
p. 6). The record also reflects that the Agency mailed the Notice to Address 1
(Complainant’s address of record with the Agency at that time) by Priority Mail
with tracking and it was delivered on November 17, 2025. (Complaint File, pp. 46-
47). Complainant’s failure to update his address with the Agency and failure to
forward or check mail after moving is not justification for extension of the
timeline. See Janeen S. v. U.S. Postal Serv., EEOC Appeal No. 2023004247 (Dec.
19, 2023) (complainant did not provide sufficient justification for extension or
waiver 	of 	the 	time 	limits 	where 	agency 	sent 	Notice 	of 	Right 	to 	File 	to
complainant’s 	address 	of 	record 	and 	attorney’s 	office 	address 	and 	Priority
Tracking showed it was delivered, but complainant and her attorney did not check

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the mail or were out of town and could not check the mail).
Complainant’s separation was a personnel action that was effective upon receipt of
the Notice, when it was delivered to Complainant’s address of record (Address 1)
on November 17, 2025. Complainant did not contact an EEO counselor within 45
days on November 17, 2025. As such, dismissal for untimely counselor contact
pursuant to 29 C.F.R. § 1614.107(a)(2) is appropriate.
Accordingly, for the foregoing reasons, we AFFIRM the Agency’s dismissal of the
formal complaint.
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. 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 22, 2026
Date