EEOC Appeal 2026001718

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Darlena H.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026001718
Hearing No. 461-2026-00002X
Agency No. 1F-141-09322-25
DISMISSAL OF APPEAL
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission) from the September 18, 2025, final Agency decision (FAD)
concerning her EEO 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.
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.

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On August 19, 2025, Complainant filed a formal EEO complaint alleging that she
was subjected to discrimination based on race, color, sex, disability, and in reprisal
for prior protected EEO activity. Complaint File at 39-40.2
On 	September 	18, 	2025, 	the 	Agency 	issued 	a 	final 	decision 	dismissing
Complainant’s formal complaint on procedural grounds3. Complaint File at 24-27.
A review of the FAD reveals that the Agency properly advised Complainant that she
had thirty calendar days after receipt of its final decision to file her appeal with the
Commission. Complaint File at 27. On the Notice of Appeal Form, Complainant
set forth that she received the final decision on September 18, 2025. Complaint File
at 10. Thus, Complainant should have filed her appeal by December 2, 2025.4
On 	October 	15, 	2025, 	Complainant 	filed 	a 	hearing 	request 	through 	the
Commission’s Public Portal. 	On March 9, 2026, an EEOC Administrative Judge
(AJ) issued an Order of Dismissal of Hearing Request Filed in the Wrong Forum.
Complaint File at 15. 	The AJ dismissed Complainant’s hearing request reasoning
“[t]he Agency’s Decision notified Complainant that the appropriate forum [for an
appeal is] the EEOC, [Office] of Federal Operations (now known as the Office of
Federal Sector) and provided the address and other pertinent appeal rights. Because
Complainant filed her appeal in the wrong forum, this case is DIMSISSED.”
Complaint File at 15 (internal citations omitted).
Complainant subsequently filed the instant appeal with the Commission’s Office of
Federal Sector on March 25, 2026. 	On appeal, Complainant asserts that she
“unknowingly and unintentionally” submitted her appeal to the wrong forum.
2 Our citations to the Complaint File reference the page number of the pdf document
before us on appeal.
3 The Agency transmitted the FAD to Complainant’s email address of record.
4 Thirty days from September 18, 2025, was Saturday, October 18, 2025. Thus, the
time limit is extended to the next business day, Monday, October 20, 2025. See 29
C.F.R. § 1614.604(g). 	In addition, we extend the applicable time limit to file an
appeal by an additional forty-three days until December 2, 2025, due to a
government shutdown during that period.

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Complainant asserts that she was not informed until “well after” the filing that she
submitted a request for a hearing instead of an appeal. 	Complainant’s Brief,
Complaint File at 11.
We find insufficient justification to extend the applicable time limit. 	The FAD
properly set forth Complainant’s right to file an appeal (not a hearing request). In
addition, Commission records reflect that on October 15, 2025, the same day
Complainant 	incorrectly 	filed 	a 	hearing 	request, 	the 	Commission 	issued
Complainant an acknowledgment letter, transmitted to her email address of record,
referencing her submission as a “hearing request.” Based on the foregoing, we find
insufficient justification to extend the applicable time limit. See Winfred H. v. U.S.
Postal 	Serv., 	EEOC 	Appeal 	No. 	2024002059 	(June 	13, 	2024) 	(dismissing
complainant’s appeal as untimely filed reasoning that complainant requesting a
hearing does not toll the time limit to file an appeal), req. for recons. den., EEOC
Request No. 2024004322 (Feb. 18, 2025).
Complainant's 	March 	25, 	2026, 	appeal 	is 	DISMISSED. 	See 	29 	C.F.R. 	§
1614.403(c).
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.

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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.
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 	, 	file 	a 	civil 	action, 	filing 	a 	civil 	action 	will 	terminate 	the
administrative processing of your complaint.

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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. 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
T. Gimbrere, Acting Director
Office of Federal Sector
September 14, 2026
Date