EEOC Appeal 2026002066

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Birdie C.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026002066
Agency No. 4B-117-14713-25
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated March 16,
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 the Age Discrimination in Employment Act of 1967
(ADEA), as amended, 29 U.S.C. § 621 et seq. Upon review, the Commission finds
that Complainant's complaint was properly dismissed due to the untimely filing of
the formal complaint.
At the time of events giving rise to this complaint, Complainant worked as a City
Carrier at the postal facility in Bayside, New York. On February 10, 2026,
Complainant filed a formal complaint alleging that the Agency subjected her to
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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discrimination on the bases of race (African-American), sex (female, LGBT), and
age when:
1. On 	September 	6th 	and 	16, 	2025, 	management 	notified 	her 	that 	her
nonscheduled day was being changed.
2. On September 6, 2025, management did not pay her overtime.
3. On October 30, 2025, she was issued a 14 Day No Time Off Suspension.
The Agency issued a final decision dismissing the complaint pursuant to 29 C.F.R.
§ 1614.107(a)(2) for untimely filing of the formal complaint. Specifically, the
Agency noted that it emailed a final interview letter, notifying Complainant of the
right to file a formal complaint (Notice), dated December 11, 2025, which was sent
via Complainant’s email of record. The email relay in the file shows the email was
delivered on December 11, 2025. According to the Agency, the delivered email
triggered the 15-day filing period. The Agency noted Complainant’s complaint was
received (postmarked) on February 10, 2026, beyond the 15-day limitation period.
On appeal, Complainant submits a copy of the letter she submitted with the formal
complaint. In this letter, Complainant asserts that she did not receive the Notice
until Jan 27, 2026, and had made efforts to contact the EEO Office, ultimately
contacting them and getting a copy of the Notice. Complainant explains that after
an unsuccessful mediation attempt on December 10, 2025, she opted to file a
formal complaint. She notes that her representative indicated that she would hear
from ADR in about a week. Complainant states that after a week, she called her
representative and was told that because of the Christmas holiday, the Agency’s
EEO Office might be moving somewhat slower. Complainant also states that a few
days later, she called the ADR Specialist. However, the ADR Specialist did not
answer. She then followed up with an e-mail (included in appeal submission) on
December 30, 2025. Again, Complainant states that she received no response.
Complainant then notes that she contacted her union representative who called the
ADR Specialist, who committed to immediately calling her, but Complainant
asserts she did not hear from the ADR Specialist. Complainant also notes that
when she was finally able to reach the ADR Specialist, the Specialist insisted “that
she sent everything out on the 11th of December 2025.” Complainant attaches a
copy of the certificate of service indicating that the Notice was originally sent to
her e-mail address of record and her representative’s e-mail address on December

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11, 2025. In handwritten font, Complainant notes that the e-mail address indicated
for her representative in the certificate is wrong and also indicates in the certificate
next 	to 	her 	e-mail 	address, 	“no 	proof 	of 	this 	e-mail 	was 	sent 	out.” 	Thus,
Complainant softly concedes that her e-mail address is correct.
We note that EEOC 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(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).
While Complainant contends in her appeal statement that she did not receive the
Notice until January 27, 2026, the record does reflect that the Agency emailed the
Notice to her e-mail address of record on December 11, 2025. Administrative file
page 55 (Adobe). Complainant’s e-mail address provided in her appeal submission
matches the e-mail address previously provided in the record and in the delivery
notification. 	Although 	the 	record 	does 	not 	reflect 	that 	Complainant
received/accessed the Notice on December 11, 2025, but rather arguably that she
did 	so 	on 	January 	27, 2026, 	as 	Complainant 	maintains, we 	must 	find 	that
Complainant’s complaint received on February 10, 2026, is untimely filed. The
record shows that the Notice was emailed by the Agency to Complainant on
December 11, 2025. Pursuant to 29 C.F.R. § 1614.604(d), since the record does
not establish when the Notice was received, Complainant is entitled to a five-day
window from the date of transmission, which means Complainant can be presumed
to have received the Notice no later than December 16, 2025. This results in
Complainant having until December 31, 2025, to timely file her formal complaint
within 	the 	15-day 	filing 	period. 	However, 	Complainant 	failed 	to 	do 	so.
Alternatively, if we firmly accept Complainant’s assertion that she did not receive
the Notice until January 27, 2026, the latest presumed receipt date of December 16,
2025, (above) occurs first. See 29 C.F.R. § 1614.604(d). Complainant has not
offered adequate justification to warrant an extension of the time limit for filing the
complaint.

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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
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.

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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. The court has the sole
discretion to grant or deny these types of requests.

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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