EEOC Appeal 2026002292

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Lewis Z.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2026002292
Agency No. 1F-141-06040-26
DECISION
Complainant 	filed 	a timely 	appeal 	with the Equal Employment 	Opportunity
Commission (EEOC or Commission) from the Agency's decision dated April 3,
2026, dismissing his 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 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 	was 	properly 	dismissed 	pursuant 	to 	29 	C.F.R. 	§
1614.107(a)(1) for failure to state a claim.
During the period at issue, Complainant worked as a mail processing clerk at the
Agency’s Main Office in Baton Rouge, Louisiana.
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 February 25, 2026, Complainant made initial EEO Counselor contact. On March
24, 2026, Complainant filed a formal EEO complaint alleging that the Agency
subjected him to discrimination on the bases of disability (physical – right shoulder)
and in reprisal for prior protected EEO activity when:
on November 19, 2025, Complainant was denied Continuation of Pay
(COP)/OWCP pay.
On April 3, 2026, the Agency dismissed Complainant’s formal complaint pursuant
to 29 C.F.R. § 1614.107(a)(1), for failure to state a claim. Alternatively, the Agency
dismissed Complainant’s formal complaint pursuant to 29 C.F.R. § 1614.107(a)(2),
for 	failure 	to 	comply 	with 	applicable 	time 	limits. 	The 	Agency 	stated 	that
Complainant did not initiate EEO Counselor contact until February 25, 2026, beyond
the 45-day applicable time limit.
The 	instant 	appeal 	followed. 	On 	appeal, 	Complainant 	does 	not 	submit 	any
statements or briefs.
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.
Complainant’s 	claim 	involves 	denial 	of 	COP/OWCP 	(Office 	of 	Worker’s
Compensation Program) pay. Complainant’s claim is one against the Department of
Labor, OWCP. His claim is not one that the EEOC Commission has jurisdiction.
Complainant 	attempts 	to 	lodge 	a 	collateral 	attack 	against 	another 	forum’s
jurisdiction. The Commission finds that the complaint fails to state a claim under the
EEOC regulations because Complainant failed to show that he 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).

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Moreover, the record discloses that the alleged discriminatory event occurred on
November 19, 2025, but Complainant did not initiate contact with an EEO Counselor
until February 25, 2026. Complainant did not make EEO counselor contact for 98
days, which is beyond the forty-five day limitation period. On appeal, Complainant
has presented no persuasive arguments or evidence warranting an extension of the
time limit for initiating EEO Counselor contact.
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.

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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.
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.

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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 21, 2026
Date