EEOC Appeal 2025003726

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Shanice C.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025003726
Agency No. 4B-270-0329-24
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 25, 2025 final decision concerning her 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., Section 501 of the
Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq.,
and the Age Discrimination in Employment Act of 1967 (ADEA), as amended, 29
U.S.C. § 621 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
Postmaster at the Agency’s Post Office in Maiden, North Carolina. On November
18, 2024, Complainant filed an EEO complaint alleging that the Agency subjected
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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her to discrimination and a hostile work environment on the bases of race
(Caucasian), sex (female), age (48), and in reprisal for prior protected EEO activity
when:
1. On June 22, 2024, she was forced to work her non-scheduled day;
2. On June 25, 2024, the acting Manager of Post Office Operations discussed
her 	medical 	situation 	with 	other 	management 	officials 	during 	a
teleconference;
3. On July 15, 2024 and August 8, 2024, her leave was denied, and she was
charged Leave without Pay (LWOP);
4. On 	July 	22, 	2024, 	she 	was 	removed 	from 	her 	office 	pending 	an
investigation.
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. 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 she was subjected to discrimination or reprisal
as alleged. This appeal followed.
On appeal, Complainant argues that the investigation was not adequate. 	We note
that Complainant failed to request a hearing, a process which would have afforded
her the opportunity to conduct discovery and cure alleged defects in the record.
Upon review, we find that the investigation was adequate and that the record is
sufficiently thorough for the finder of fact to address the ultimate issue of whether
discrimination occurred.
Complainant also attempts to introduce new evidence on appeal. The Commission
will not consider new evidence on appeal, unless the party attempting to submit the
new evidence affirmatively shows that the evidence was not reasonably available
prior to or during the investigation. EEO Management Directive 110 at Ch. 9, §
VI.A.3 (citing 29 C.F.R. § 1614.404(b)). Complainant has not demonstrated that this
evidence was 	not 	reasonably 	available earlier. 	However, 	we 	note 	that 	even
considering the new evidence presented by Complainant, the outcome of our
analysis does not change.

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We find that the alleged incidents were not objectively severe or pervasive to
establish a discriminatory hostile work environment and not sufficiently material to
deter 	protected 	activity 	to 	establish 	a 	retaliatory 	hostile 	work 	environment.
Furthermore, Complainant failed to show that the alleged conduct was based on
discriminatory 	or 	retaliatory 	animus. 	For 	example, 	Complainant’s 	supervisor
(Supervisor) explained that he had no idea that Complainant was on leave, did not
ask or require Complainant to return to the office, and did not force her to work her
non-scheduled day. Complainant’s leave was denied because the leave slips she
submitted were not signed. Once signed leave slips were received, Supervisor
corrected the leave. Complainant was temporarily removed from her office so that
an investigation could be completed into allegations received by several anonymous
employees regarding inappropriate comments and improper password sharing.
Moreover, to the extent that Complainant is alleging disparate treatment regarding
her claims, Complainant has not proffered sufficient evidence demonstrating that the
Agency's explanation for its actions was pretext for discrimination or retaliation.
In 	addition, 	the 	preponderance 	of 	the 	evidence 	does 	not 	establish 	that 	any
management official disclosed confidential medical information in violation of the
Rehabilitation Act. 	Management officials who were on the call in question could
not recall any specific medical information being shared about Complainant.
Therefore, based on our review of the record, including Complainant’s arguments
on appeal, we AFFIRM the Agency’s final decision finding no discrimination or
retaliation.
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.

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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).
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.

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“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