2026003293•EEOC Appeal 2026003293
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Adena J.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service, Agency. Request No. 2026003293 Appeal No. 2025002712 Agency No. 4G-350-0226-23 DECISION ON REQUEST FOR RECONSIDERATION Complainant timely requested that the Equal Employment Opportunity Commission (EEOC or Commission) reconsider its decision in EEOC Appeal No. 2025002712 (May 21, 2026). EEOC regulations provide that the Commission may, in its discretion, grant a request to reconsider any previous Commission decision issued pursuant to 29 C.F.R. § 1614.405(a), where the requesting party demonstrates 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. See 29 C.F.R. § 1614.405(c). 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.
2 2026003293 In the previous decision, the Commission affirmed a final order finding that Complainant had not established that the Agency discriminated against her based on race, sex, age and reprisal regarding her claim of discrimination and harassment. The Commission therein noted that the record was devoid of any evidence that created a genuine dispute of material fact regarding whether the Agency’s actions were motivated by discriminatory animus. On request, Complainant largely reiterates her allegations, asserting that the previous decision was erroneous; and that her complaint should have been resolved by a factfinder. According to Complainant, the Commission's error was not merely reaching the wrong result but resolving disputed facts and credibility issues in management's favor even though the record contained specific evidence of discriminatory motive, retaliatory motive, hostile treatment, and unequal treatment. We have reviewed the statement provided by Complainant in the instant request for reconsideration, including that the Commission erred in resolving disputed facts and credibility issues in management's favor even though the record contained specific evidence of discriminatory and retaliatory motive. However, we can find no basis to disturb the Commission's prior decision. The Commission emphasizes that a request for reconsideration is not a second appeal. Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), Chap. 9 § VII.A (Aug. 5, 2015); see, e.g., Lopez v. Dep't of Agric., EEOC Request No. 0520070736 (Aug. 20, 2007). Rather, a reconsideration request is an opportunity to demonstrate that the appellate decision involved a clearly erroneous interpretation of material fact or law, or will have a substantial impact on the policies, practices, or operations of the Agency. Complainant has not done so here. Thus, we conclude that Complainant has not presented any persuasive evidence to support reconsideration of the Commission's decision. After reviewing the previous decision and the entire record, the Commission finds that the request fails to meet the criteria of 29 C.F.R. § 1614.405(c), and it is the decision of the Commission to deny the request. The decision in EEOC Appeal No. 2025002712 remains the Commission's decision. There is no further right of administrative appeal on the decision of the Commission on this request.
3 2026003293 COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (P0124) This decision of the Commission is final, and there is no further right of administrative appeal from the Commission’s decision. 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. 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 Gul Chaudhry’s signature T. Gimbrere, Acting Director Office of Federal Sector September 21, 2026 Date
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