EEOC Appeal 2025003806

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Angela R.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025003806
Hearing No. 450-2024-00348X
Agency No. 4G-752-0035-24
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
July 3, 2025 final order concerning her equal employment opportunity (EEO)
complaint 	of 	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 following reasons, the Commission AFFIRMS the Agency’s final order.
At the time of events, giving rise to this complaint, Complainant worked as a Postal
Support Employee, Sales & Services/Distribution Associate, with the Agency’s Post
Office in Duncanville, Texas.
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 February 2, 2024, Complainant filed an EEO complaint alleging that the Agency
subjected her to discrimination and a hostile work environment on the basis of
disability (physical) when:
1. On September 25, 2023, Complainant was assigned duties throwing
parcels.
2. Beginning on or about September 27, 2023, through October 20, 2023,
Complainant was charged Absent without Leave (AWOL);
3. On or about October 20, 2023, Complainant became aware she was
removed from the 814 Window Clerk position;
4. Beginning on or about October 23, 2023, and ongoing, Complainant was
harassed over attending her doctor appointments;
5. Beginning on or about November 2, 2023, and continuing, Complainant
alleged she was not provided a window chair for her requested work
accommodation;
6. On or about December 5, 2023, Complainant alleged she was given an
investigative interview and/or written up. 2
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 timely requested a hearing. The
AJ issued a summary judgment decision finding that Complainant was not subjected
to discrimination or a hostile work environment. The Agency subsequently issued a
final order fully adopting the AJ’s decision. The instant appeal followed.
2 The Agency dismissed two additional claims in accordance with 29 C.F.R.
1614.107(a)(1) 	as 	collateral 	attacks 	on 	the 	workers’ 	compensation 	process.
Complainant does not challenge the dismissal of these claims on appeal. The
Commission exercises its discretion to address only those issues specifically raised
on 	appeal 	and 	declines 	to 	address 	these 	procedural 	dismissals. See Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO
MD-110) at Chap. 9, § IV.A (Aug. 5, 2015).

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Having thoroughly reviewed the record and construing any inferences raised by the
undisputed facts in favor of Complainant, we find that a reasonable factfinder could
not find in Complainant’s favor. We find that the alleged incidents, even assuming
they occurred as described by Complainant, were more likely the result of routine
supervision, personality conflicts, and general workplace disputes and tribulations
and are therefore insufficiently severe or pervasive to establish a discriminatory
hostile work environment.
Furthermore, 	the 	record 	is 	devoid 	of 	evidence 	beyond 	Complainant’s 	mere
speculation and suspicion that the alleged conduct was based on discriminatory
animus. For example, management explained that Complainant was marked AWOL
because she did not request leave, call in, or provide documentation to support her
absence. Complainant was removed from her Window Clerk position to allow for
her position to be filled with someone who would be able to be at work consistently.
Complainant received a Letter of Warning due to excessive unscheduled absences.
We also find that Complainant failed to establish that the explanations for the
employment actions at issue herein were a pretext for discriminatory animus.
In addition, the undisputed record shows that the Agency provided Complainant with
reasonable accommodation in accordance with her documented medical restrictions.
Complainant has not presented evidence to establish that the accommodation
provided was not effective. Accordingly, we find Complainant was not denied
reasonable accommodation in violation of the Rehabilitation Act.
Upon careful review of the AJ’s decision and the evidence of record, including
arguments on appeal, we conclude that the AJ correctly determined that the
preponderance of the evidence did not establish that Complainant was subjected to
discrimination as alleged. Accordingly, we AFFIRM the Agency’s final order
implementing the AJ’s decision.
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

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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.
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).

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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. 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 15, 2026
Date