2025002872•EEOC Appeal 2025002872
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Louise S.,1 Complainant, v. David P. Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2025002872 Agency No. 4B-150-15819-24 DECISION 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 23, 2025, final decision 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 Pregnant Workers Fairness Act of 2023. For the following reasons, the Commission AFFIRMS the Agency’s final decision. At the time of the events giving rise to this complaint, Complainant was employed by the Agency as a City Carrier, Q-02, at the Chambersburg Post Office in Chambersburg, Pennsylvania. On October 29, 2024, Complainant filed an EEO complaint alleging the Agency subjected her to discrimination based on sex 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.
2025002872 2 (female/ pregnancy) when, on September 23, 2024, a coworker shoved a hamper into her stomach and management did nothing when she reported it. 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, or a final decision from the agency. In accordance with Complainant’s request, the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b), concluding that Complainant did not prove her allegations of discrimination. The instant appeal followed. As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R. § 1614.110(b), the Agency’s decision is subject to de novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at 9-16 (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the Commission examine the record without regard to the factual and legal determinations of the previous decision maker,” and that EEOC “review the documents, statements, and testimony of record, including any timely and relevant submissions of the parties, and . . . issue its decision based on the Commission’s own assessment of the record and its interpretation of the law”). According to Complainant, on September 23, 2024, C1, a coworker, shoved a hamper into her stomach. Complainant was pregnant at the time. She immediately reported the incident to her supervisor, S1. C1, she maintained, after kicking the mail hamper into her, smiled, laughed and walked away. Complainant stated that she felt pain and was concerned and anxious about her baby’s health and wanted to see her doctor. S1, Complainant felt, was unprofessional in her tone and lack of empathy with what she had just experienced even though she pleaded with her to help. Complainant stated that she was treated at a local hospital and released for duty the day after the incident. S1 stated that she spoke to C1, and he maintained that he was trying to get through and the hamper was in the aisle, so he pushed it a little bit to get it out of the way. According to him, Complainant was nowhere near the hamper as she was at the end of her case. S1 noted that Complainant came to her while she was talking to another employee and told her that, “you need to do something about your boy,” because C1 had pushed a hamper into her stomach. S1 indicated that C2, another carrier who witnessed the incident, disputed Complainant’s version. S1 told
2025002872 3 Complainant to go to her office, but she refused and indicated that she was reporting the incident to the police and was going to get checked out. Later that day, Complainant, S1 stated, posted a picture of herself in a hospital bed alleging workplace violence was real on social media and subsequently requested a form to document a workplace injury. An email statement from C1 indicated that the mail hamper was in the aisle, so he pushed it slightly to get it out of the way and Complainant came “flying over” and told him not to do that while glaring at him. C1 stated that he was still laughing from a conversation that he was having with his coworkers, and Complainant became more enraged and told him that she was not laughing. Because it appeared that Complainant wanted a confrontation, C1 stated that he walked away. He noted that he later had to talk to the police because Complainant claimed he attacked her. He indicated that this was the fourth or fifth time Complainant had made false allegations against him and the work environment was toxic because of Complainant and the fact that nothing was being done about her. In an email statement from C2 to S1, dated September 24, 2024, C2 stated that she and C1 were laughing and joking because he was carrying a big mail tub, and he had to go between the accountable cart and brush past a mail hamper on his way through. According to C2, Complainant made a comment and C1 went directly to his case and did not come back out. In an email to S1 from C3, another co-worker, she stated that C1 accidentally brushed the mail hamper as he was going by and Complainant stated it was not funny. C3 stated that Complainant subsequently told S1 that C1 had shoved the hamper into her and when S1 asked a question Complainant started yelling. According to C3, S1 asked her to calm down and to go into the office but Complainant refused, at some point, Complainant told S1 “fuck you” during her outburst and then told another carrier she was leaving. To establish a prima facie case of harassment, Complainant must prove, by a preponderance of the evidence, the existence of five elements: (1) that she is a member of a statutorily protected class; (2) that she was subjected to unwelcome conduct related to her protected class; (3) that the harassment complained of was based on her protected class; (4) that the harassment had the purpose or effect of unreasonably interfering with her work performance and/or creating an intimidating, hostile, or offensive work environment; and (5) that there is a basis
2025002872 4 for imputing liability to the employer. See Celine B. v. Dep’t of Navy, EEOC Appeal No. 2019001961 (Sep. 21, 2020); Humphrey v. U.S. Postal Serv., EEOC Appeal No. 01965238 (Oct. 16, 1998). See also Henson v. City of Dundee, 682 F.2d 897 (11th Cir. 1982), approved in Meritor Savings Bank v. Vinson, 477 U.S. 57, 66-67 (1986); Flowers v. Southern Reg’l Physician Serv. Inc., 247 F.3d 229 (5th Cir. 2001). With respect to Complainant’s claim, we find that, even if the events on September 23, 2024, took place exactly as alleged, there is no persuasive evidence that her sex or pregnancy played any role in C1’s actions or S1’s response to her complaints. Therefore, she did not establish elements 2 or 3 of the above analysis. While Complainant raises various arguments on appeal, we find that she has not presented sufficient evidence to establish that the Agency’s response to her accusations were motivated by discriminatory animus. Accordingly, we AFFIRM the Agency’s final 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).
2025002872 5 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 and also file a civil action, filing a civil action will terminate the administrative processing of your complaint.
2025002872 6 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 ________________________ Gu Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector 9/21/2026 Date
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