EEOC Appeal 2026003213

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Sanda N,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026003213
Agency No. 4G3350306326
DECISION
Complainant 	timely 	appealed 	with 	the 	Equal 	Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's June 10, 2026, dismissal
of 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.
Upon review, the Commission AFFIRMS the Agency’s decision.
At the time of events giving rise to this complaint, Complainant was employed by
the Agency as a City Carrier, Q-06, for the Saint Pete Beach Post Office in St. Pete
Beach, Florida.
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 May 23, 2026, Complainant filed a formal EEO complaint alleging that the
Agency subjected her to discrimination on the basis of reprisal for prior protected
EEO activity when:
On November 11, 2025, Manager, using an Agency computer, drafted
a 14-page document that included details about Complainant’s prior
EEO complaint, then submitted the document to be included in the
record for a grievance Complainant filed. As a result, others can view
information about Complainant’s protected EEO activity. 2
Complainant recounts that she and her non-attorney representative participated in
mediation on December 30, 2025, and on January 2, 2026, the EEO Counselor
called 	them to 	discuss 	potential 	resolutions 	to 	the 	complaint. 	Complainant
informed the EEO Counselor that she wanted to proceed with a formal complaint.
Both Complainant and her representative assert that they did not hear from EEO
Counselor again until May 15, 2026, after Complainant inquired about the status of
her complaint. The EEO Counselor explained that Complainant’s complaint was
closed because she did not file a formal EEO complaint. The EEO Counselor
forwarded a delivery confirmation email to Complainant and her representative,
which indicated that the Notice of Right to File was delivered to their email
addresses of record on January 2, 2026. Complainant and her representative assert
that they never received the January 2, 2026, email. The Agency re-sent the Notice
on May 19, 2026, and Complainant subsequently filed her formal EEO complaint.
The Agency dismissed the matter pursuant to 29 C.F.R. § 1614.107(a)(2), for
untimely filing of the formal complaint. 	The Agency reasoned that the EEO
Counselor emailed the Notice of Right to File to Complainant on January 2, 2026.3
Complainant filed her Formal EEO Complaint on May 23, 2026, which is over 15
days after the email was delivered. On appeal Complainant reiterates that she and
her representative never received the January 2, 2026, email. 	Complainant also
argues that the Agency is required to send the Notice by U.S. Mail, not email.
2 The 	Commission 	framed 	the 	claim 	based 	on 	Complainant’s 	formal 	EEO
complaint and the record.
3 Because Complainant’s representative is not an attorney, time frames for official
correspondence are computed based on the date Complainant received them. 29
C.F.R. §1614.605(d).

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In relevant part, 29 C.F.R. § 1614.107(a)(2) provides 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 EEO
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).
Where, as here, there is an issue of timeliness, “[a]n agency always bears the
burden of obtaining sufficient information to support a reasoned determination as
to timeliness.” Guy v. Dep’t of Energy, EEOC Request No. 05930703 (Jan. 4,
1994) (quoting Williams v. Dep’t of Def., EEOC Request No. 05920506 (Aug. 25,
1992)). 	To support its dismissal, the Agency provides a copy of the January 2,
2026, email and the Notice of Right to File that was included as an attachment.
The Agency also provides an automatic delivery confirmation from Microsoft
Outlook, in reference to the January 2, 2026, email, stating, “delivery to these
recipients or groups is complete, but no delivery notification was sent by the
destination server.” 	It is undisputed that the recipients listed for the January 2,
2026, email and referenced on the delivery confirmation are Complainant and her
representative’s email addresses of record. 	Therefore, we deem the email to have
been received by January 7, 2026, and the last day for Complainant to timely file
was January 22, 2026. Complainant filed on May 23, 2026.
We note that nothing in the EEOC’s regulations precludes an Agency from
transmitting time-sensitive documentation pertaining to an EEO complaint to a
complainant’s 	email 	address 	of 	record. 	If 	Complainant 	wanted 	to 	receive
correspondence relating to her EEO complaint exclusively by mail, she should
have specified this to the Agency and in the record.
Accordingly, the Agency's final decision dismissing Complainant's complaint for
untimely filing is AFFIRMED.

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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.
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.

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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 22, 2026
Date