EEOC Appeal 2026003216

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Maya F.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026003216
Agency No. 4J-481-06855-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's final decision,2 dismissing
her complaint of unlawful employment discrimination in violation of 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 is properly
dismissed pursuant to 29 C.F.R. § 1614.107(a)(1) for failure to state a claim.
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.
2 The Agency’s final decision is dated May 21, 2026, which appears to be an error.
Complainant’s formal complaint was postmarked May 21, 2026, and stamped as
received by the Agency on May 26, 2026. Complaint File at 46. The record reflects
that the Agency’s final decision was emailed to Complainant on June 16, 2026.
Complaint File at 45.

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During the period at issue, Complainant worked as a City Carrier at the Agency’s
facility in Southfield, Michigan. 	On May 21, 2026, Complainant filed a formal
complaint alleging that the Agency subjected her to discrimination based on
disability. Complaint File at 46-47.3
In its final decision, the Agency determined that Complainant’s complaint was
comprised of the following claim:
Management did not timely update her PS Form 50 Personnel when she
requested it to reflect that she was disabled and was on a modified assignment.
Complaint File at 38.
The Agency dismissed Complainant’s complaint for failure to state a claim
reasoning that the matter at issue was a collateral attack on the Office of Workers’
Compensation Program (OWCP) administered by the Department of Labor (DOL).
Complaint File at 39.
On appeal, Complainant asserts that she is not challenging a determination by
OWCP but rather the actions of Agency management for failing to update her PS
Form 50 to reflect her working in a modified rehabilitation assignment.
The Agency’s decision to dismiss a complaint is subject to de novo review by the
Commission, which requires the Commission to examine the record without regard
to the factual and legal determinations of the previous decision maker and issue its
decision 	based 	on 	the Commission’s 	own 	assessment 	of the record 	and 	its
interpretation of the law. 29 C.F.R. § 1614.405(a). The Commission should construe
the complaint in the light most favorable to the complainant and take the complaint’s
allegations as true. 	See Cobb v. Department of the Treasury, EEOC Request No.
05970077 (March 13, 1997). Thus, all reasonable inferences that may be drawn from
the complaint’s allegations must be made in favor of the complainant.
The instant formal complaint fails to state a claim under the EEOC regulations
because Complainant failed to show that she suffered harm or loss with respect to a
term, condition, or privilege of employment for which there is a remedy. See Diaz
v. Dep’t of the Air Force, EEOC Request No. 05931049 (April 21, 1994).
3 Our citations to the Complaint File reference the page number of the pdf document
before us on appeal.

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Complainant asserts that the Agency did not update her PS Form 50 to reflect that
she is disabled and that she is in a modified rehabilitation assignment.4 However,
Complainant has alleged a harm or loss with respect to a term, condition, or privilege
of employment with respect to this matter. For example, the record does not reflect
that Complainant is alleging that she has been denied a reasonable accommodation
or has not received proper compensation.
For the reason set forth herein, we AFFIRM the Agency’s final decision dismissing
Complainant’s complaint.
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).
4 As a remedy to the instant complaint, Complainant is seeking for the Agency to
update her PS Form 50 to reflect that she is permanently disabled and in a modified
assignment. Complaint File at 46, 49.

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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.

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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 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 14, 2026
Date