2026002753•EEOC Appeal 2026002753
Testo completo
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Arthur F.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026002753 Agency No. 4J-606-07271-26 DECISION Complainant filed a timely appeal with the Equal Employment Opportunity Commission (EEOC or Commission) from the Agency's decision dated May 14, 2026, dismissing his 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. For the following reasons, we AFFIRM the Agency’s final decision dismissing Complainant’s formal complaint pursuant to 29 C.F.R. § 1614.107(a)(1) and 29 C.F.R. § 1614.107(a)(2). 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.
2026002753 2 BACKGROUND At the time of events giving rise to this complaint, Complainant worked as a Manager, Customer Services at the Agency’s Roger P. McAuliffe facility in Chicago, Illinois. On April 28, 2026, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of national origin (Hispanic/Latino), sex (male), color (white), disability (Major Depressive Disorder, Post-Traumatic Stress Disorder (PTSD)), and reprisal (unspecified) when: 1. On October 16, 2025, Complainant was informed an employee threatened him and when Complainant informed management, they did nothing; 2. On December 25, 2025, Complainant was moved to another station pending an investigation; and, 3. On March 23, 2026, management completed the supervisor portion of an Office of Worker’s Compensation Programs (OWCP) Form CA-2 Complainant had submitted and stated, “Employee was not in a threatening environment.” The Agency issued a final decision dismissing Complainant’s formal complaint for failure to state a claim and for untimely EEO counselor contact. Specifically, the Agency dismissed Claims 1 and 2 for untimely EEO counselor contact pursuant to 29 C.F.R. § 1614.107(a)(2). The Agency dismissed Claim 3 for failure to state a claim pursuant to 29 C.F.R. § 1614.107(a)(1), due to lodging a collateral attack on the forum of another proceeding, specifically, the Department of Labor’s OWCP. Complainant filed the instant appeal. On appeal, Complainant argues the Agency erred in dismissing his complaint for failure to state a claim and untimely EEO counselor contact. Complainant argues that because there was uncertainty regarding management’s investigation following his report of a workplace threat, the issue was prevented from being a closed or complete event. Additionally, regarding Claim 3, Complainant argues that he is challenging management’s actions when management issued an official statement regarding the incident on the CA-2 Form, not appealing the results of an OWCP determination.
2026002753 3 ANALYSIS Claim 3 - Failure to State a Claim The regulation set forth at 29 C.F.R. § 1614.107(a)(1) provides, in relevant part, that an Agency shall dismiss a complaint that fails to state a claim. An agency shall accept a complaint from any aggrieved employee or applicant for employment who believes that he or she has been discriminated against by that agency because of race, color, religion, sex, national origin, age or disabling condition. 29 C.F.R. §§ 1614.103, 1614.106(a). The Commission's federal sector case precedent has long defined an “aggrieved employee” as one who suffers a present harm or loss with respect to a term, condition, or privilege of employment for which there is a remedy. Diaz v. Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994). The Commission has generally held that complaints involving other administrative proceedings, including those related to the OWCP and its related processes, do not state a claim within the meaning of its regulations. See Hogan v. Dep't of the Army, EEOC Request No. 05940407 (Sept. 29, 1994). An employee cannot use the EEO complaint process to lodge a collateral attack on another proceeding. See Wills v. Dep't of Def., EEOC Request No. 05970596 (July 30, 1998); Kleinman v. U.S. Postal Serv., EEOC Request No. 05940585 (Sept. 22, 1994); Lingad v. U.S. Postal Serv., EEOC Request No. 05930106 (Jun. 25, 1993). The Commission generally considers allegations regarding the processing of an OWCP claim to be an impermissible collateral attack on the OWCP adjudicatory process, even where the allegation concerns the actions of agency management officials. See Belia A. v. U.S. Postal Serv., EEOC Appeal No. 2022001871 (Jul. 18, 2021) citing Pirozzi v. Dep't of the Navy, EEOC Request No. 05970146 (Oct. 23, 1998) (allegedly false statements made by agency to OWCP during OWCP's processing of a workers' compensation claim goes to merits of the compensation claim); see also, Bell v. Dep't of Transport., EEOC Appeal No. 01991806 (Jan. 11, 2001) (allegation that the agency failed to ensure that the records it submitted to OWCP were “accurate and complete” failed to state a claim). Here, Complainant argues on appeal that his issue is with management issuing an inaccurate statement to OWCP resulting from the alleged impartial and incomplete investigation.
2026002753 4 While Complainant provided background information with his issues concerning management’s investigation into the workplace incident, the focus of Complainant’s allegation surrounds management’s inaccurate statements to OWCP. The proper forum for Complainant to have raised his allegations regarding management submitting inaccurate or incomplete information to OWCP was with the Department of Labor’s OWCP. We find the Agency properly dismissed the claim for failure to state a claim because it constitutes a collateral attack on the proceedings of another forum. Claim 1 and Claim 2 - Timeliness of EEO Counselor Contact The regulation set forth at 29 C.F.R. § 1614.107(a)(2) provides, in relevant part, 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(f), which states these time limits are subject to waiver, estoppel and equitable tolling. Complaints of discrimination should be brought to the attention of the Equal Employment Opportunity Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of a personnel action, within 45 days of the effective date of the action. 29 C.F.R. § 1614.105(a)(1). The Commission has adopted a “reasonable suspicion” standard (as opposed to a “supportive facts” standard) to determine when the forty-five (45) day limitation period is triggered. See Howard v. Dep't of the Navy, EEOC Request No. 05970852 (Feb. 11, 1999). Thus, the time limitation is not triggered until a complainant reasonably suspects discrimination, but before all the facts that support a charge of discrimination have become apparent. The Commission finds the Agency properly dismissed Claim 1 and Claim 2 for untimely EEO counselor contact. The alleged discriminatory events occurred on October 16, 2025, and December 25, 2025. However, Complainant did not initiate contact with an EEO counselor until March 26, 2026, which is beyond the 45-day limitation period. Complainant argues that the 45-day deadline should be tolled due to the continuing uncertainty regarding management’s investigation of the October 16, 2025, workplace threat. He argues that the first definitive position from management concerning the threat was communicated on March 23, 2026.
2026002753 5 In his formal complaint, Complainant states that he made multiple follow-up requests regarding the status of the Agency’s investigation his report on October 16, 2025, of the workplace threat. He also stated that after he reported and escalated the workplace threat, he was removed from his assigned station and directed to report to another facility on December 15, 2025. Complaint File at 29. The record contains an email from Complainant to a Postal Inspector, dated December 16, 2025, where Complainant stated that there were multiple complaints about the employee who threatened Complainant, and that he was not sure if the complaints about the employee were being paid the attention that was necessary. Id. at 64. While the Postal Inspector had been inquiring into a complaint made by a customer regarding the employee, it is apparent from Complainant’s response that Complainant was already concerned about the Agency’s inaction regarding his own complaint against the employee. Complainant argues his EEO counselor contact on March 26, 2026, was timely due to the continued uncertainty regarding management’s investigation into his report of a workplace threat. Complainant states that management’s first communication of the results of his report was on March 23, 2026, when management asserted Complainant was not in a threatening environment on his CA-2 form. However, Complainant should have reasonably suspected discrimination prior to March 23, 2026. There are multiple statements in the record from Complainant that he repeatedly sought clarification from management regarding the investigation from October 16, 2025, when he reported the threat. Therefore, we find that Complainant reasonably should have known that the discriminatory matter and personnel action occurred as early as December 25, 2025, when he was reassigned to another station. Accordingly, we find that Complainant has presented no persuasive arguments or evidence warranting an extension of the time limit for initiating EEO counselor contact. Therefore, we find that the Agency properly dismissed the complaint. CONCLUSION Accordingly, the Agency’s final decision dismissing Complainant’s complaint is AFFIRMED.
2026002753 6 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.
2026002753 7 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. 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 16, 2026 Date
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