EEOC Appeal 2026002518

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Eve E.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026002518
Hearing No. 833-2026-00234X
Agency No. 1C-341-05167-25
DECISION
On May 14, 2026, Complainant filed an appeal with the Equal Employment
Opportunity 	Commission 	(EEOC 	or 	Commission), 	pursuant 	to 	29 	C.F.R.
§ 1614.403(a), from the Agency’s April 28, 2026, notice of final action concerning
her equal employment opportunity (EEO) complaint of 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 the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. § 621 et seq. 	For the following reasons, the
Commission AFFIRMS the Agency’s final action finding no discrimination.
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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At the time of events giving rise to this complaint, Complainant worked as a Mail
Processing Clerk at the Agency’s Chicago International Service Center in Chicago,
Illinois. 	On May 10, 2025, Complainant filed an EEO complaint, which was
subsequently amended, alleging that the Agency discriminated against her on the
bases of age (Y.O.B. 1967) and in reprisal for prior protected EEO activity when:
1. 	On 	January 	17, 	2025, 	she 	was 	removed 	from 	Undeliverable 	as
Addressed (UAA), and sent back to her bid unit, while others were not
sent back to their bid unit; and
2. 	On July 25, 2025, she was informed that she would no longer be
scheduled to work in the tour office.
At the conclusion of the investigation, the Agency provided Complainant with a
copy of the report of investigation and notice of her right to request a hearing
before an EEOC Administrative Judge (AJ). 	Complainant requested a hearing.
The AJ determined sua sponte that the complaint did not warrant a hearing and
over Complainant's objections, issued a decision without a hearing on April 17,
2026. The AJ’s decision noted Complainant raised concerns about the amendment
of her complaint but the AJ found the Agency properly amended the complaint to
include the two identified claims.
The AJ found the Agency articulated legitimate, nondiscriminatory reasons for its
actions. 	Regarding claim (1), the Agency noted after Complainant was in an
altercation with a coworker, management decided to return Complainant and the
coworker to their bid assignments. 	Regarding claim (2), the Agency noted
Manager, Distribution Operations (MDO) requested Complainant not be scheduled
in the tour office because Complainant was needed to assist MDO with the
completion of training for employees in the North and South buildings as they
were behind on the completion deadlines. 	The AJ determined Complainant failed
to present evidence that the Agency’s actions were motivated by either of her
protected bases.
The Agency subsequently issued a notice of final action fully implementing the
AJ’s finding that Complainant failed to prove that the Agency subjected her to
discrimination as alleged. The instant appeal followed.

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At the outset, we find the record in the present case adequately developed. Having
thoroughly reviewed the record, and construing any inferences raised by the
undisputed facts in favor of Complainant, we find that a reasonable fact-finder
could not find in Complainant’s favor. 	Upon careful review of the AJ’s decision
and the evidence of record, as well as the parties’ arguments on appeal, we
conclude that the AJ correctly determined that the preponderance of the evidence
did not establish that Complainant was discriminated against by the Agency as
alleged.
Accordingly, we AFFIRM the Agency’s final action implementing the AJ’s
decision finding no discrimination.
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.

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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. 	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.

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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 	Acting Director's signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 16, 2026
Date