Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. 0120160256 (Apr. Due to the increasing use of email and the internet for correspondence and document delivery, the volume of first-class mail processed by the USPS declined by 43 percent in 2017 from its peak in 2001. Can I be reinstated to my USPS job now while this relief process is ongoing? EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. Alena C. v. Dep't of State, EEOC Appeal No. The reduction in attorney fees indicates the importance of a timely submitted detailed fee petition for attorney fees and expenses, including a printout of the time and costs incurred, the services rendered, and a sworn affidavit setting forth justification for the attorneys requested hourly rate(s), fees and costs. 0 May 4, 2020 An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. And the Unions are bed partners with Management. First, please know that we will continue fighting to get you the best possible award. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. Lara G. v. United States Postal Service, EEOC Request No. March 1, 2023 12:32 pm. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo EEOC finds USPS practiced disability discrimination Padilla v. USPS, EEOC Appeal No. Retaliation, EEOC, Settlement | JD Supra LockA locked padlock The final ruling from the Equal Employment Opportunity Commission came more than 10 years after a former employee first filed a class complaint alleging USPS subjected employees to a "pattern. 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.pdf. Accuracy of Grievance Settlement Payments | Office of Inspector General OIG 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. 0120090062 (9/21/10). Effective March 26, 2020, the Postal Service reissued its Memorandum of Policy (MOP) HR-03-26-2020-2, Postal Service Policy on Workplace Harassment (see page 1 and page 2 ). If you are a federal employee or a USPS employee, you can set a consultation via our website at: http://www.theangellawfirm.com You can get a free consultation (15 minutes) or paid consultation for upto a full one hour. An agency will qualify as a joint employer if it has the right to control the means and manner of the individual's work, regardless of whether the individual is paid by an outside organization or is on the federal payroll. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. Alonzo N. v. United States Postal Service, EEOC Appeal No. A transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process. Complainant did not establish an Equal Pay Act violation where he and his female comparator performed substantially different jobs in two different locations, they were supervised under different management chains, the female comparator used more complex technology, and she had been paid at a higher level prior to receiving a lateral transfer. When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? michael sandel justice course syllabus. Postal Service who was subjected to a hostile work environment for over three years and then removed. Texas mail carrier wins $250,000 in discrimination lawsuit Administrative Judge properly determined that, where Complainant (through a retainer agreement) was being provided legal services at a reduced rate based on public-interest-minded reasons, the proper hourly rate was the prevailing rate at the time of the fee petition rather than the historical rate at the time the work was performed. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 0120180736 (Aug. 30. An official website of the United States government. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Posted on December 14, 2020 by postal A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Complainant stated a viable claim of harassment based on race and national origin where Complainant alleged that subordinate disparaged Chinese immigrants, mocked Complainant's language and communication skills, insinuated that Complainant was un-American, and interfered with work performance. Home | NRP Class Action Applying Bostock v. Clayton County, 140 S. Ct. 1831 (2020), the Commission found that the agency discriminated against complainant on the basis of sexual orientation when it did not select him for any of three supervisory positions; complainant established that the agency's proffered explanation was pretextual. 0120171405 (Mar. man who worked for them at the Ionia Post Office. The appellate decision modified an Administrative Judge's order requiring the Agency to post a notice to employees at facilities other than where the discriminatory conduct occurred because the AJ did not provide a justification for ordering the wider distribution. hb```,,K@( Eleni M. v. Dep't of Transportation, EEOC Appeal No. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 0120180568 (Apr. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. USPS worker sues for sexual harassment and retaliation Current Developments | NRP Class Action On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. info@eeoc.gov Complainant entitled to attorney's fees where relief awarded was based on per se reprisal claims that the Administrative Judge sua sponte raised mid-way through the hearing process; attorney's competent representation of Complainant and development of the evidence led directly to the AJ's sua sponte raising of reprisal as a basis. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. 0120132211 (Apr. Agency's appeal of Administrative Judge's decision was untimely filed where Agency filed the appeal more than 45 days (including a five-day presumption of receipt) after issuance of the decision; Agency did not show that it received the decision beyond the presumed five days; Agency failed to seek waiver, estoppel, or equitable tolling; and Agency failed to offer adequate justification for an extension of the applicable time period. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. The USPS is an independent agency of the federal government that receives no tax dollars, and is the second-largest employer in the US behind Walmart. In total, the EEOC received 46,158 Title VII charges in 2020 and was able to reach a settlement on 7.3% or 3,603 of those charges. The lies to protect themselves is mind boggling. Substantial evidence supported Administrative Judge's finding that Agency discriminated against Complainant on the bases of race (African American) and sex (male) when it terminated his employment for alleged insubordination and misconduct; AJ found that evidence substantiated Complainant's perception that supervisor regarded him as a "big, Black man" and racially stereotyped his behavior as aggressive and intimidating. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. The Agency, which first denied Complainant's request for an ergonomically correct chair and then provided her with a chair that did not fit her needs, denied Complainant a reasonable accommodation; the Agency should have worked with Complainant to conduct an individualized ergonomic assessment that would have determined her specific needs. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. Their is no accountability in Michigan, so why would i be surprised !. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 48-1 40-0062-06, the final agency decision (FAD) issued in connection Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. 1-800-669-6820 (TTY) information only on official, secure websites. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. U.S. Postal Service (USPS) - US EEOC In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. The parties ultimately agreed on a $49.9 million settlement for these violations and the first round of payments was accomplished beginning in June of 2020. 0120160846 (Apr. The Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. Find your nearest EEOC office American Postal Workers Union, AFL-CIO 1614.302(b), when an individual appeals the agency's processing of a mixed-case complaint to the MSPB and the MSPB dismisses the appeal for lack of jurisdiction, the agency should issue a notice under 29 C.F.R. v. United States Postal Service anAJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. Postal Service, EEOC Appeal No. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. Keri C. v. United States Postal Service, EEOC Appeal No. Settlement Agreements for EEO Complaints - Office of Resolution Where there is an actionable third-party retaliation, both the employee who engaged in the protected activity and the third party who is subjected to the materially adverse action may state a claim. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. Published Sept. 27, 2021 Updated Oct. 28, 2021. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. The Commission declined to review the award of $54,403.80 for reimbursement of Padillas withdrawal of funds from his Thrift Savings Plan account to support himself following his removal as neither party challenged this award on appeal. Genny L. v. Dep't of Defense, EEOC Appeal No. Washington, DC 20507 Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. Particularly useful are their publications "Questions and Answers About . Thomasina B. v. Dep't of Justice, EEOC Appeal No. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. Thersa E. v. U.S. 1 min read. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. A .gov website belongs to an official government organization in the United States. 0120170498 (Apr. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Substantial evidence supported the Administrative Judge's determination that the Agency retaliated against Complainant for protected EEO activity when it issued her a Letter of Counseling. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. The complainant worked at the United States Postal Service (USPS). Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. Complainant established that she was subjected to a hostile work environment because of her sex where a coworker made several offensive comments to her about her sexual orientation, including "you need a man in your life" and "I do not think same sex couples should be allowed to get married"; Complainant asserted that the comments occurred on a weekly basis, and other coworkers corroborated that the comments occurred. Find your nearest EEOC office Sang G. v. Dep't of Homeland Security, EEOC Appeal No. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC The Agency articulated a legitimate reason for disciplining Complainant, but it did not explain why other employees who engaged in similar behavior were not disciplined. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. Thus the Commission limited its award of attorney fees to $1,000 based on an hourly rate of $250 per hour rather than the requested amount of $5,094.73. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Substantial evidence supported Administrative Judge's determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period; the AJ found Complainant to be credible, the Agency's stated reason (that Complainant had an altercation with a bagger) was not believable, the evidence showed that those terminated during their probationary period were predominantly African-Americans, and a Caucasian employee who also had an altercation with the bagger did not receive any disciplinary action. Agency discriminated against Complainant based on sex when it gave her a light-duty assignment that changed her starting time but allowed four male comparators who performed light-duty work to retain their normal starting times; Complainant and the comparators were substantially similar in all relevant aspects: they were Mail Handlers who worked on the same tour at the same facility and reported to the same supervisor. 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. Official websites use .gov Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. usps eeoc settlements 2020. boca beacon obituaries. 0120170604 (Mar. If you have questions contact the EEOC at: 131 M Street, NE EEOC: McConnell v. USPS - Final Agency Decision Vacated 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate Moreover, some EEO complaints dated back as far as 2001. Complainant did nothing more than raise broad, across-the-board allegations of discriminatory policies and practices covering a variety of personnel processes, she was unable to establish that each allegation happened to every class member, and counsels actions raised concerns that the classs interests would not be protected. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. PDF What You Need to Know Abouteeo - Usps This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. Although the Agency argued that there were "security reasons" for delaying the accommodation, it did not provide any details describing the concerns, it "lost track" of his request for approximately five months, and it failed to respond adequately to his request for a list of Agency-approved software. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. . Although Petitioner was entitled to back pay as a component of make-whole relief, she was not entitled to a sum greater than what she would have earned but for her constructive discharge; because her earnings while in active-duty military service between the time of her constructive discharge and her reinstatement exceeded her gross civilian back pay, Petitioner was not entitled to receive back pay. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Where Agency failed to provide evidence of its compliance with Commission's orders, and its refusal to report on its compliance appeared to be part of an ongoing pattern of similar failures, Agency was ordered to provide an analysis of its Fiscal Year 2018-2019 reporting on compliance with EEOC orders and a detailed action plan setting forth how the problems identified in its analysis will be corrected. Costs USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Agency's final decisions on disputed claims for individual relief were premature because an Administrative Judge retains jurisdiction and is responsible for resolving disputed claims for individual relief. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. ) or https:// means youve safely connected to the .gov website. Stating that a complainant was not selected for a supervisory position because she received a lower score than the selectees does not meet an agencys burden of production, unless the agency explains the specific reasoning for the scores; the assertion that a complainant ranked lower than the selectees is meaningless without evidence of the specific scores, the manner in which the scores were derived, and the pertinence of the scores to the position at issue. In recent decades, the USPS has faced enormous funding cuts. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; An average out of court settlement is about $40,000. For our clients, please provide your updated contact information to us. 1995)("comparability of awards must be adjusted for the changing value of money over at Postal Workers Class Action EEOC Cases Against USPS 529 0 obj <>/Filter/FlateDecode/ID[<1FB7EE72CCD9854B90DCFC8A33497EB8><1B534663FC186A42AEFC8BA0152CE4CF>]/Index[511 26]/Info 510 0 R/Length 94/Prev 400457/Root 512 0 R/Size 537/Type/XRef/W[1 3 1]>>stream 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. That class action complaint, covering all injured-on-duty employees who were reassessed under the NRP during the period 5/5/06 through 7/1/11, was decided by the EEOC in September 2017 and finalized in a March 9, 2018 decision. PEN Resources foir Postal Employees 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. A real socialist and internationalist strategy is needed to take control of communications infrastructure from the corporate ruling class and to place it into the hands of the working class worldwide. PDF Front page | U.S. Department of the Treasury Rick G. v. Dep't of Homeland Security, EEOC Appeal No. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. EEOC releases fiscal year 2020 charge and litigation data: Retaliation In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement.