2026002179•EEOC Appeal 2026002179
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal Sector P.O. Box 77960 Washington, DC 20013 Myron S.,1 Complainant, v. David Steiner, Postmaster General, United States Postal Service (Field Areas and Regions), Agency. Appeal No. 2026002179 Hearing No. 471-2025-00098X Agency No. 1D-445-06783-25 DECISION On April 26, 2026, 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 April 1, 2026, final order concerning his equal employment opportunity (EEO) complaint alleging employment discrimination in violation of Section 501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791 et seq. For the following reasons, the Commission AFFIRMS the Agency’s final order. At the time of events giving rise to this complaint, Complainant worked as a Motor Vehicle Operator at the Agency’s Toledo Post Office in Toledo, Ohio. 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.
2026002179 2 On May 19, 2025, Complainant filed a formal complaint alleging that the Agency discriminated against him on the bases of disability (physical) and reprisal for prior protected EEO activity when: On or around October 8, 2024, he was issued a Notice of Removal, which became effective on March 31, 2025. Complainant stated that he has filed three previous EEO complaints. See Report of Investigation (ROI) at 55. He asserted that he was injured at work on March 2, 2024, and was not cleared to work until June 24, 2024 and although he provided medical documentation to management for his absence from work, management denied receiving any documentation. See ROI at 55; 58. The record includes a Work Activity Status Report dated March 22, 2024, which noted that among Complainant’s restrictions are “no commercial driving.” See ROI at 64. He also attached a Limited Duty form dated March 26, 2024, which noted that there were no jobs available within Complainant’s restrictions. See ROI at 65. Complainant did not submit proof of his contention that he provided medical documentation to management officials to justify his months-long absence from work. The Supervisor stated that she knew that Complainant claimed he was injured at work in March 2024 and was attending physical therapy but stated that she did not have any medical documentation and was not aware of Complainant’s limitations. See ROI at 93. She asserted that she has not seen or heard from Complainant since March 2024 and he never called out to explain his absence from work. See ROI at 94. The Manager stated that he issued the Notice of Removal because Complainant had been Absent Without Leave (AWOL) for a total of 488 hours between April 1, 2024, and July 31, 2024 and he has an extensive history of being injured on the job. See ROI at 69-70; 116-17. He asserted that Complainant was repeatedly sent letters asking him to provide documentation to justify his continuing absence, but Complainant never did so. See ROI at 117. He further disputed Complainant’s assertion that he was not provided with a scheduled time to report to work because schedules are always posted weekly. See ROI at 118. At the conclusion of the investigation, the Agency provided Complainant with a copy of the report of investigation and notice of his right to request a hearing before an EEOC Administrative Judge (AJ). Complainant timely requested a hearing before an AJ. Subsequently, the AJ notified the parties sua sponte of his intent to issue a decision without a hearing and gave the parties the opportunity to respond.
2026002179 3 The Agency responded in favor of the AJ’s proposed summary judgment while Complainant did not file a response. The AJ issued a decision by summary judgment in favor of the Agency, finding no discrimination. The Agency subsequently issued a final order fully implementing the AJ’s finding that Complainant failed to prove that the Agency subjected him to discrimination as alleged. The instant appeal followed. On appeal, Complainant argues that the investigation was incomplete because the investigator did not interview his suggested witnesses and also because the investigation did not properly consider all his past EEO complaints to provide a complete record of the continuing harassment the Agency subjected him to. In response, the Agency filed a brief urging affirmance of the AJ’s decision. As this is an appeal from a decision issued without a hearing, 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 (EEO MD-110), at Chap. 9, § VI.A. (Aug. 5, 2015) (explaining that the de novo standard of review “requires that the 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”); see also EEO MD-110, at Chap. 9, § VI.B. (Aug. 5, 2015) (providing that an administrative judge’s determination to issue a decision without a hearing, and the decision itself, will both be reviewed de novo). The Commission’s regulations allow an AJ to grant summary judgment when they find that there is no genuine issue of material fact. 29 C.F.R. § 1614.109(g). An issue of fact is “genuine” if the evidence is such that a reasonable fact finder could find in favor of the non-moving party. Celotex v. Catrett, 477 U.S. 317, 322-23 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-49 (1986). A fact is “material” if it has the potential to affect the outcome of the case. Id. When considering summary judgment, facts and inferences must be viewed in the light most favorable to the non-moving party. See Ricci v. DeStefano, 557 U.S. 557, 586 (2009).
2026002179 4 To successfully oppose a decision by summary judgment, a complainant must identify, with specificity, facts in dispute either within the record or by producing further supporting evidence and must further establish that such facts are material under applicable law. 29 C.F.R. § 1614.109(g)(2); Celotex, 477 U.S. at 322-24; see also EEO MD-110, at Chap. 7, § III.E. Such a dispute would indicate that a hearing is necessary to produce evidence to support a finding that the Agency was motivated by discriminatory animus. Here, however, Complainant has failed to establish such a dispute. In addition, to the extent Complainant insists that the investigation was inadequate because it did not interview all of his suggested witnesses, we reject Complainant’s contention. The Commission has stated repeatedly that an EEO Investigator is not necessarily obligated to pursue all of a complainant’s suggestions regarding how the investigation is conducted. See Sid E. v. Dep’t of Transp., EEOC Appeal No. 2019002597 (Sept. 22, 2020). Moreover, we note that Complainant did not identify what additional information such witnesses would have provided that was not already in the record. Upon our review of the record, we find that the AJ correctly determined that Complainant failed to establish a dispute of material fact and properly granted summary judgment. We find that the Agency articulated legitimate, nondiscriminatory reasons for its actions and Complainant did not establish that the Agency’s reasons are a pretext for discrimination. Here, Complainant does not dispute that he was absent from work for months following his injury in March 2024, only arguing that contrary to the management officials’ statements, he provided medical documentation to justify his absences. We note, however, that Complainant did not provide evidence supporting his assertions that he provided sufficient medical documentation to the Agency. In any event, we note that in a discrimination case involving an adverse action in response to alleged misconduct, the question is not whether the misconduct occurred, but whether the Agency’s asserted belief that the misconduct occurred is a pretext for discrimination. See Ezequiel P. v. U.S. Postal Serv., EEOC Appeal No. 2021002377 (March 28, 2022). To the extent that Complainant appears to argue that his excessive absences should be excused because they were caused by his medical condition, we note that an Agency is not obligated to excuse misconduct, even if the past misconduct was based on the employee’s disability. See Gena C. v. Dep’t of the Navy, EEOC Appeal No. 2024002902 (May 13, 2024).
2026002179 5 Finally, the Commission has repeatedly held that an Agency has broad discretion to carry out personnel decisions, such as disciplinary decisions, and should not be second-guessed by the reviewing authority absent evidence of unlawful motivation, which is not present here. See Howerton v. Dep’t of the Army, EEOC Appeal No. 0120113177 (June 12, 2013). Having thoroughly reviewed the record, and construing any inferences raised by the undisputed facts in favor of Complainant, we find that a reasonable fact-finder could not find in Complainant’s favor. Upon careful review of the AJ’s decision and the evidence of record, as well as the parties’ arguments on appeal, we conclude that the AJ correctly determined that the preponderance of the evidence did not establish that Complainant was discriminated against by the Agency as alleged. Accordingly, we AFFIRM the Agency’s final order implementing the AJ’s decision. 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).
2026002179 6 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. 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.
2026002179 7 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 16, 2026 Date
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