2025000032•EEOC Appeal 2025000032
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 January B.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2025000032 Agency No. 4E-913-0031-24 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 September 12, 2024 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. 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, EAS-18, at the Agency’s Post Office in Cambria, California. 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.
2025000032 2 On April 3, 2024, Complainant filed a formal EEO complaint alleging that the Agency subjected her to discrimination on the basis of sex (female/pregnancy) when: 1. On April 10, 2023, Complainant inquired about the Templeton Post Office and was told to apply for the position; 2. On July 18, 2023, Complainant’s request via email to be detailed as Officer-in-Charge (OIC) and/or lateral into the Creston Post Office was not addressed; 3. On August 8, 2023, Complainant’s request via email to OIC in Creston Post Office to assist with her pregnancy was not granted. Complainant stated that on August 9, 2023, Manager-1 stated someone was covering the office; and 4. On December 22, 2023, Complainant was not afforded the opportunity to apply for the Postmaster position at the Creston Post Office and Complainant’s request for a lateral assignment was not granted. On April 23, 2024, the Agency accepted claim 4 for investigation and dismissed claims 1 – 3 pursuant to 29 C.F.R § 1614.107(a)(2) for untimely EEO Counselor contact. The Agency noted that Complainant’s initial contact was on January 3, 2024, which was beyond the 45-day time limit for the events at issue in claims 1 – 3. 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). The decision concluded that Complainant failed to prove that she was subjected to discrimination as alleged. The instant appeal followed. STANDARD OF REVIEW As this is an appeal from a decision issued without a hearing, pursuant to 29 C.F.R. § 1614.110(b), the Agency's decision is subject to de novo review by the Commission. 29 C.F.R. § 1614.405(a). See Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, at Chapter 9, § VI.A. (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the
2025000032 3 Commission examine the record without regard to the factual and legal determinations of the previous decision maker,” and that EEOC “review the documents, statements, and testimony of record, including any timely and relevant submissions of the parties, and . . . issue its decision based on the Commission’s own assessment of the record and its interpretation of the law”). ANALYSIS Timeliness EEOC Regulation 29 C.F.R. § 1614.105(a)(1) requires that complaints of discrimination 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 personnel action, within 45 days of the effective date of the action. The Commission has adopted a “reasonable suspicion” standard (as opposed to a “supportive facts” standard) to determine when the 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. We find that the Agency properly dismissed claims 1 – 3 for untimely EEO counselor contact. Regarding claims 1 – 3, the record supports that Complainant had a reasonable suspicion of discrimination as of April 10, July 18, and August 9, 2023, respectively. As Complainant initiated EEO counselor contact on January 3, 2024, dismissal of claims 1 – 3 for untimely EEO counselor contact was appropriate. Disparate Treatment Regarding the alleged discriminatory non-selection, we find Complainant failed to establish a prima facie case. A prima facie case of discriminatory non-selection may be established by showing: (1) the complainant is a member of a protected group; (2) the complainant applied and was qualified for a position for which the employer was seeking applicants; (3) that complainant was not selected for the position; and (4) that an applicant not in complainant's protected group was chosen for the position under circumstances that, if explained, would support an inference of discrimination.
2025000032 4 Emery S. v. Fed. Deposit Ins. Corp., EEOC Appeal No. 2020001130 (Sept. 11, 2020) (citing McDonnell Douglas v. Green, 411 U.S. 792, 802 (1973)). In the instant case, the record establishes that Complainant failed to apply for the position, meaning that Complainant cannot establish the second element of the prima facie case. Furthermore, the record does not establish by a preponderance of the evidence that the Agency posted the job opening in such a manner that Complainant could not apply for the position. Rather, the record shows that a Human Resources (HR) Specialist, who was unaware of Complainant’s interest in the upcoming vacancy or Complainant’s sex or pregnancy, posted the vacancy in October 2023 which happened to coincide with Complainant’s leave related to childbirth. Regarding the denial of Complainant’s request for a lateral reassignment in December 2023, Manager-1 stated that Complainant could not lateral into the position because the position had already been filled. After a review of the record, we find Complainant failed to show that the Agency’s articulated reason for the action was a mere pretext for discrimination. Complainant failed to present any evidence on which to question the Agency’s asserted reason for the denial in December 2023 other than her own beliefs and assertions. CONCLUSION Accordingly, we AFFIRM the Agency’s decision finding no discrimination. 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.
2025000032 5 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.
2025000032 6 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 24, 2026 Date
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