2026003213•EEOC Appeal 2026003213
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Sanda N,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026003213 Agency No. 4G3350306326 DECISION Complainant timely appealed with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's June 10, 2026, dismissal of 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. Upon review, the Commission AFFIRMS the Agency’s decision. At the time of events giving rise to this complaint, Complainant was employed by the Agency as a City Carrier, Q-06, for the Saint Pete Beach Post Office in St. Pete Beach, Florida. 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.
2026003213 2 On May 23, 2026, Complainant filed a formal EEO complaint alleging that the Agency subjected her to discrimination on the basis of reprisal for prior protected EEO activity when: On November 11, 2025, Manager, using an Agency computer, drafted a 14-page document that included details about Complainant’s prior EEO complaint, then submitted the document to be included in the record for a grievance Complainant filed. As a result, others can view information about Complainant’s protected EEO activity. 2 Complainant recounts that she and her non-attorney representative participated in mediation on December 30, 2025, and on January 2, 2026, the EEO Counselor called them to discuss potential resolutions to the complaint. Complainant informed the EEO Counselor that she wanted to proceed with a formal complaint. Both Complainant and her representative assert that they did not hear from EEO Counselor again until May 15, 2026, after Complainant inquired about the status of her complaint. The EEO Counselor explained that Complainant’s complaint was closed because she did not file a formal EEO complaint. The EEO Counselor forwarded a delivery confirmation email to Complainant and her representative, which indicated that the Notice of Right to File was delivered to their email addresses of record on January 2, 2026. Complainant and her representative assert that they never received the January 2, 2026, email. The Agency re-sent the Notice on May 19, 2026, and Complainant subsequently filed her formal EEO complaint. The Agency dismissed the matter pursuant to 29 C.F.R. § 1614.107(a)(2), for untimely filing of the formal complaint. The Agency reasoned that the EEO Counselor emailed the Notice of Right to File to Complainant on January 2, 2026.3 Complainant filed her Formal EEO Complaint on May 23, 2026, which is over 15 days after the email was delivered. On appeal Complainant reiterates that she and her representative never received the January 2, 2026, email. Complainant also argues that the Agency is required to send the Notice by U.S. Mail, not email. 2 The Commission framed the claim based on Complainant’s formal EEO complaint and the record. 3 Because Complainant’s representative is not an attorney, time frames for official correspondence are computed based on the date Complainant received them. 29 C.F.R. §1614.605(d).
2026003213 3 In relevant part, 29 C.F.R. § 1614.107(a)(2) provides that an agency shall dismiss a complaint that fails to comply with the applicable time limits, unless the agency extends the time limits in accordance with 29 C.F.R. § 1614.604(c). A formal EEO complaint “must be filed within 15 days of receipt of the notice required by § 1614.105 (d), (e) or (f).” 29 C.F.R. § 1614.106(b). The Commission generally holds that documents transmitted to a complainant by email shall be deemed to be received when received if transmitted via email, or within five days of when the decision is emailed, whichever occurs first. See 29 C.F.R. § 1614.604(d). Where, as here, there is an issue of timeliness, “[a]n agency always bears the burden of obtaining sufficient information to support a reasoned determination as to timeliness.” Guy v. Dep’t of Energy, EEOC Request No. 05930703 (Jan. 4, 1994) (quoting Williams v. Dep’t of Def., EEOC Request No. 05920506 (Aug. 25, 1992)). To support its dismissal, the Agency provides a copy of the January 2, 2026, email and the Notice of Right to File that was included as an attachment. The Agency also provides an automatic delivery confirmation from Microsoft Outlook, in reference to the January 2, 2026, email, stating, “delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server.” It is undisputed that the recipients listed for the January 2, 2026, email and referenced on the delivery confirmation are Complainant and her representative’s email addresses of record. Therefore, we deem the email to have been received by January 7, 2026, and the last day for Complainant to timely file was January 22, 2026. Complainant filed on May 23, 2026. We note that nothing in the EEOC’s regulations precludes an Agency from transmitting time-sensitive documentation pertaining to an EEO complaint to a complainant’s email address of record. If Complainant wanted to receive correspondence relating to her EEO complaint exclusively by mail, she should have specified this to the Agency and in the record. Accordingly, the Agency's final decision dismissing Complainant's complaint for untimely filing is AFFIRMED.
2026003213 4 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. 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.
2026003213 5 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.
2026003213 6 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
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