EEOC Appeal 2025003669

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Bryce B.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025003669
Agency No. 1D-445-0036-24
DECISION
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
June 24, 2025 final decision concerning his equal employment opportunity (EEO)
complaint of 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. 	For the
following reasons, the Commission AFFIRMS the Agency’s final decision.
At the time of events giving rise to this complaint, Complainant worked as a
Tractor Trailer Operator at the Agency’s Processing and Distribution Center in
Detroit, Michigan.
On June 4, 2024, Complainant filed an EEO complaint alleging that the Agency
discriminated against him and subjected him to a hostile work environment on the
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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bases of race (Caucasian), sex (male), religion (Muslim), color (White), and in
reprisal for prior protected EEO when:
1. 	On March 28, 2024, management slandered his name, gave him
attendance reviews improperly, and did not allow him to park in the
garage like coworkers;
2. 	On February 23, 2024, and March 6, 2024, Complainant was denied
Higher Level details;
3. 	On May 30, 2024, he was not paid for working through his lunch
break;
4. 	On or about July 10, 2024, his award of Job ID No. 71987046/Run
No. D22890, for which his supervisor had previously said he was the
successful bidder was reverted/cancelled;
5. 	On August 14, 2024, the Acting Manager demanded that he sign some
PS Forms 4572 (tractor log), and after he refused to do so until he was
properly trained on the matter, the Acting Manager threatened him
with 	discipline 	and 	harassed 	him 	about 	the 	incident, 	including
derogatory name-calling;
6. 	On 	August 	17, 	2024, 	he 	was 	threatened 	by 	a 	coworker 	and
management failed to take appropriate action when made aware of the
situation;
7. 	On August 20, 2024, he was given an Investigative Interview, and
subsequently on August 26, 2024, he was issued a Letter of Warning;
8. 	On August 30, 2024, he was bypassed for favorable job assignments
when management improperly awarded bid assignments;
9. 	On October 22, 2024, he was given an Investigative Interview; and
10. 	On October 31, 2024, he was issued a 14-Day Suspension.
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). When Complainant did not request a
hearing within the time frame provided in 29 C.F.R. § 1614.108(f), the Agency
issued a final decision pursuant to 29 C.F.R. § 1614.110(b). 	In the decision, the
Agency concluded that Complainant failed to prove that he was subjected to
discrimination as alleged. This appeal followed.

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We find that the alleged incidents, even assuming they occurred as described by
Complainant, were more likely the result of routine supervision, personality
conflicts, and general workplace disputes and are therefore insufficiently severe or
pervasive to establish a discriminatory hostile work environment. Furthermore, we
find that the conduct was not sufficiently material to deter protected activity.
In addition, the Commission finds that Complainant failed to show that the alleged
conduct was based on discriminatory or retaliatory animus. 	For example, the
record demonstrates that Complainant declined several opportunities to serve as an
acting supervisor because he believed it would prevent him from running for union
office. 	Management explained that Complainant did not work through his lunch;
rather, he arrived to work late and attempted to make up the time at the end of his
shift. 	There was no successful bidder for Job ID No. 71987046/Run No. D22890
because the position was cancelled. 	Complainant was given an Investigative
Interview and, later, a Letter of Warning after he refused a direct order to take mail
to another facility. 	Complainant was given another Investigative Interview and a
14-Day Suspension after he failed to stop distributing campaign literature while on
the clock and in uniform.
Moreover, to the extent that Complainant is alleging disparate treatment regarding
his claims, Complainant has not proffered any evidence demonstrating that the
Agency's explanation for its actions was pretext for discrimination or reprisal.
Upon careful review of the Agency’s decision and the evidence of record, we
conclude that the Agency correctly determined that the preponderance of the
evidence did not establish that Complainant was subjected to discrimination or
reprisal as alleged. Accordingly, we AFFIRM the Agency’s final 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

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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 29, 2026
Date