EEOC Appeal 2026003185

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Stella B.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026003185
Agency No. 4G-300-08005-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated June 26,
2026, 	dismissing 	her 	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. Upon review, the
Commission finds that Complainant's complaint was properly dismissed pursuant
to 29 C.F.R. § 1614.107(a)(2), due to the untimely filing of the formal complaint.
BACKGROUND
At the time of events giving rise to this complaint, Complainant worked as a City
Carrier Assistant at the Agency’s Hinesville Post Office in Hinesville, Georgia.
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 June 3, 2026, Complainant filed a formal complaint alleging that the Agency
subjected her to discrimination on the bases of race (unspecified), national origin
(unspecified), sex (female), physical disability (hands and feet), and reprisal
(unspecified) when:
1. 	On April 13, 2026, management told Complainant that her accident
report would remain permanently on her record and failed to process
her Office of Worker’s Compensation Programs (OWCP) paperwork;
2. 	On April 29, 2026, Complainant was terminated from the Agency;
3. 	On unspecified dates, Complainant was not properly trained; and,
4. 	On 	unspecified 	dates, 	management 	was 	verbally 	abusive 	and
disrespectful towards Complainant.
In the Agency’s final decision, the Agency dismissed Complainant’s formal
complaint pursuant to 29 C.F.R. § 1614.107(a)(2) due to untimely filing of the
formal complaint. The Agency determined that Complainant received her Notice of
Right to File an Individual Complaint (Notice or Notice of Right to File) via email
on May 18, 2026. Therefore, Complainant had to file her formal complaint by June
2, 	2026. However, 	the June 	3, 2026, postmark 	on 	the 	envelope 	containing
Complainant’s formal complaint, showed Complainant untimely filed her formal
complaint 16 days after receiving the Notice of Right to File. The Agency’s
decision also dismissed Claim 1 pursuant to 29 C.F.R. § 1614.107(a)(1) for failure
to state a claim, due to lodging a collateral attack on the proceedings of another
forum, specifically, the Department of Labor.
The instant appeal followed.
CONTENTIONS ON APPEAL
On appeal, Complainant requests the Commission reverse the Agency’s decision
dismissing her formal complaint of discrimination due to untimely filing of the
formal complaint. Complainant submits various arguments in support of her
appeal. For example, Complainant argues that the Notice of Right to File did not
clarify that Complainant needed to file the complaint within 15 calendar days of
receiving the Notice. Complainant states the Notice only stated 15 days, therefore,
due to the lack of clarity in the Notice, the time limit for filing her formal
complaint should be tolled.

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Complainant also argues the filing deadline should be tolled because she was also
experiencing 	medical 	issues, 	affecting 	her 	ability 	to 	timely 	file 	her 	formal
complaint.
The Agency did not submit any arguments in response to Complainant’s appeal.
ANALYSIS
EEOC Regulation 29 C.F.R. § 1614.107(a)(2) states, in pertinent part, that an
agency shall dismiss a complaint for failure to comply with the applicable time
limits, unless the agency extends the time limits in accordance with 29 C.F.R. §
1614.604(c). A formal “complaint must be filed within 15 days of receipt of the
notice required by § 1614.105 (d), (e) or (f).” 29 C.F.R. § 1614.106(b). The
Commission generally holds that documents transmitted to a complainant by email
shall be deemed to be received when received if transmitted via email, or within
five days of when the decision is emailed, whichever occurs first. See 29 C.F.R. §
1614.604(d).
The Notice of Right to File was emailed to Complainant on May 18, 2026.
Complaint File at 89-90. Additionally, Complainant signed the Notice stating that
she received the Notice of Right to File on May 18, 2026. Id. at 21. Despite
Complainant’s argument on appeal, we find that the Notice states that Complainant
had to file a formal complaint within fifteen (15) calendar days of its receipt. Id.
However, a postmark shows that Complainant filed her formal complaint on June
3, 2026, one day past the 15-day filing deadline. Id. at 35.
Regarding Complainant’s argument that her medical conditions impacted her
ability to timely file her formal complaint, we have consistently held, in cases
involving physical or mental health difficulties, that an extension is warranted only
where an individual is so incapacitated by their condition that they are unable to
meet the regulatory time limits. 	See Dos Santos v. Dep't of Veterans Affairs,
EEOC Appeal No. 01992476 (Jan. 3, 2001). A claim of incapacitation must be
supported by medical evidence of incapacity during the relevant time frame. 	See
Id; see, e.g., Maddux v. United States Postal Serv., EEOC Request No. 05980302
(Aug. 5, 1999). Here, Complainant did not submit any evidence showing she was
medically incapacitated.

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On appeal, Complainant has not offered adequate justification to warrant an
extension of the time limit for filing the complaint. We find that the Agency
properly dismissed the formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2)
due to untimely filing. Because we find that Complainant untimely filed her formal
complaint, there is no need to address the Agency’s dismissal of Claim 1 for failure
to state a claim.
CONCLUSION
Accordingly, the Agency's final decision dismissing Complainant's complaint is
affirmed.
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

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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.
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.

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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 30, 2026
Date