2025003669•EEOC Appeal 2025003669
Texte intégral
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Bryce B.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2025003669 Agency No. 1D-445-0036-24 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 June 24, 2025 final decision concerning his 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. For the following reasons, the Commission AFFIRMS the Agency’s final decision. At the time of events giving rise to this complaint, Complainant worked as a Tractor Trailer Operator at the Agency’s Processing and Distribution Center in Detroit, Michigan. On June 4, 2024, Complainant filed an EEO complaint alleging that the Agency discriminated against him and subjected him to a hostile work environment on the 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.
2025003669 2 bases of race (Caucasian), sex (male), religion (Muslim), color (White), and in reprisal for prior protected EEO when: 1. On March 28, 2024, management slandered his name, gave him attendance reviews improperly, and did not allow him to park in the garage like coworkers; 2. On February 23, 2024, and March 6, 2024, Complainant was denied Higher Level details; 3. On May 30, 2024, he was not paid for working through his lunch break; 4. On or about July 10, 2024, his award of Job ID No. 71987046/Run No. D22890, for which his supervisor had previously said he was the successful bidder was reverted/cancelled; 5. On August 14, 2024, the Acting Manager demanded that he sign some PS Forms 4572 (tractor log), and after he refused to do so until he was properly trained on the matter, the Acting Manager threatened him with discipline and harassed him about the incident, including derogatory name-calling; 6. On August 17, 2024, he was threatened by a coworker and management failed to take appropriate action when made aware of the situation; 7. On August 20, 2024, he was given an Investigative Interview, and subsequently on August 26, 2024, he was issued a Letter of Warning; 8. On August 30, 2024, he was bypassed for favorable job assignments when management improperly awarded bid assignments; 9. On October 22, 2024, he was given an Investigative Interview; and 10. On October 31, 2024, he was issued a 14-Day Suspension. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge (AJ). When Complainant did not request a hearing within the time frame provided in 29 C.F.R. § 1614.108(f), the Agency issued a final decision pursuant to 29 C.F.R. § 1614.110(b). In the decision, the Agency concluded that Complainant failed to prove that he was subjected to discrimination as alleged. This appeal followed.
2025003669 3 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 are therefore insufficiently severe or pervasive to establish a discriminatory hostile work environment. Furthermore, we find that the conduct was not sufficiently material to deter protected activity. In addition, the Commission finds that Complainant failed to show that the alleged conduct was based on discriminatory or retaliatory animus. For example, the record demonstrates that Complainant declined several opportunities to serve as an acting supervisor because he believed it would prevent him from running for union office. Management explained that Complainant did not work through his lunch; rather, he arrived to work late and attempted to make up the time at the end of his shift. There was no successful bidder for Job ID No. 71987046/Run No. D22890 because the position was cancelled. Complainant was given an Investigative Interview and, later, a Letter of Warning after he refused a direct order to take mail to another facility. Complainant was given another Investigative Interview and a 14-Day Suspension after he failed to stop distributing campaign literature while on the clock and in uniform. Moreover, to the extent that Complainant is alleging disparate treatment regarding his claims, Complainant has not proffered any evidence demonstrating that the Agency's explanation for its actions was pretext for discrimination or reprisal. Upon careful review of the Agency’s decision and the evidence of record, we conclude that the Agency correctly determined that the preponderance of the evidence did not establish that Complainant was subjected to discrimination or reprisal as alleged. Accordingly, we AFFIRM the Agency’s final 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
2025003669 4 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.
2025003669 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.
2025003669 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 29, 2026 Date
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