Ashlee P. v. Social Security Administration, EEOC Appeal No. The Average Employee Lawsuit costs $250,000How Safe is your Company? 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. This booklet also provides an explanation of the REDRESS program REDRESS, an alternative dispute resolution process, may offer you an opportunity to request mediation in addition to traditional EEO 2020002285 (Apr. The same year, several media outlets began to speculate that the USPS was going out of business. USPS Class Action Claims | Home Elbert H. v. Dep't of Justice, EEOC Appeal No. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. o o o o O o o O o tri 6 > CD o O o e o o o o o o o Q o o o O o o o o O o USPS workers have had their jobs and living standards under attack since the 1970s as a massive shift of wealth from the working class to the corporate ruling class was underway. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. After an appeal, complainant later requested the EEOC reopen her case. 1-800-669-6820 (TTY) 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. An official website of the United States government. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. n In the left-hand column under "Essential Links," click . Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. 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. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate PDF Front page | U.S. Department of the Treasury Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. U.S. Postal Service (USPS) - US EEOC 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. 0120171406 (Mar. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. You benefit from having control of the process, since you authorize access to your information. Can I be reinstated to my USPS job now while this relief process is ongoing? ) or https:// means youve safely connected to the .gov website. Class members should expect to receive written notice concerning the claim procedure within the next month. Washington DC 20005. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. The program sought to significantly cut labor costs for USPS, which faced increasing operating costs from fuel price increases, decreasing revenue from reductions in the use of priority services like first-class mail, as well as increasing competition for the delivery of packages and urgent mail from giant logistics corporations like UPS and FedEx. Agency discriminated against Complainant on the basis of disability when his managers did not allow him to take a polygraph examination, which was required for his position, where there was no reason to believe that his multiple sclerosis and medication would affect the validity of the polygraph result. Kirk J. Angel is an employment attorney representing federal employees. Claim regarding the denial of official time remanded to Agency for investigation; although Agency did not need to investigate whether the denial was discriminatory, it should have determined whether the denial was justified. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. 0120172637 (Mar. Alline B. v. Social Security Administration, EEOC Appeal No. Claimants and their attorneys/representatives may use this site to update contact info, submit correspondence and/or supporting documentation, and view orders entered in the case. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. The EEOC notes that this is the highest amount in 16 years. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. 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. An Equal Employment Opportunity Commission (EEOC) administrative judge may suspend a hearing to allow the parties to settle a case and will accept a settlement to resolve the case at any time before a final decision is reached. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. The U.S. Agency discriminatorily denied Complainant's religious-accommodation request for an exemption from the requirement that employees carry a cannister of pepper spray where it was undisputed that Complainant, a chaplain, had a bona fide religious belief that prevented him from carrying the spray; Agency did not show that exempting one employee, out of approximately 300 employees, from the requirement would have been an undue hardship; and there was no evidence that Agency explored a lateral transfer to a different facility or any other alternative accommodation. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. Padilla v. USPS, EEOC Appeal No. The Agency discriminated against Complainant on the basis of disability (perceived color perception deficiency) when it rescinded a tentative offer of employment for a motor vehicle operator position; the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others. Sol W. v. Dep't of Defense, EEOC Appeal No. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. 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. It is not an effective accommodation to require an employee with a disability to take leave when another accommodation would enable the employee to continue working, and it is not the agency's role to dictate what type of assistive or monitoring device the employee uses. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. Of the 5,659 complaints filed at USPS, 1,283 contained allegations of race (Black/African American) discrimination, 570 contained allegations of race (White) discrimination, 128 contained allegations of race (Asian) discrimination, 17 contained allegations of race (American Indian/Alaska Native) discrimination, 757 contained allegations of color discrimination and 2,533 contained allegations of disability discrimination. APWU - Second Round of Payments for POStPlan Staffing 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 1-800-669-6820 (TTY) This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. information only on official, secure websites. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. Will K. v. U.S. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. Tanya P. v. United States Postal Service, EEOC Appeal No. How to Negotiate an EEO Discrimination Settlement All workers here quit, retired, or were fired. 0120090062 (9/21/10). v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. But these new rules would impose additional requirements on the EEOC that . The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. Please know that we are fighting for you, just as we have done for over 10 years. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. Allegations of retaliation by IRS Examiner and Taxpayer Advocate properly dismissed for failure to state a claim where actions at issue occurred to Complainant as a taxpayer, not as a former employee, and allegations constituted a collateral attack on the tax adjudication process. Salvatore K. v. Dep't of Justice, EEOC Appeal No. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC 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. LockA locked padlock endstream endobj startxref The Commission lacks jurisdiction to consider appeals from Peace Corps volunteers and applicants, who have a separate EEO complaint process outside Commission jurisdiction; although Complainant filed her complaint against the State Department, it concerned a Peace Corps volunteer position over which the Commission did not have jurisdiction. Your claim in this case is a personal asset. Home | NRP Class Action 1-844-234-5122 (ASL Video Phone) The settlement provided that USPS will pay, in full settlement of all claims in this Case: The total sum of three-million-eight-hundred-fifty-thousand-dollars ($3,850,000) Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. We share your frustration with how long this is taking, and we share your anger with the Postal Services continued efforts to delay justice in this case. Agency violated the Rehabilitation Act when it placed Complainant's private medical documents in his Employee Work Folder, a non-medical work file. If you have questions contact the EEOC at: 131 M Street, NE 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. An official website of the United States government. 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 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. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. A lock ( 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. 0120171870 (Mar. 0120123215 and 0120131079 (Mar. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. On December 8, 2017, Arbitrator Shyam Das found that the Postal Service was in violation of the parties Article 1.6.B Global Settlement Remedy (This article first appeared in the July/August 2021 issue of the American Postal Worker magazine) Agency properly dismissed complaint as untimely filed where Agency notified Complainant of applicable filing deadline and proper address to file her complaint with the Agency but Complainant nonetheless sent the complaint to the EEOC's Office of Federal Operations. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. Genny L. v. Dep't of Defense, EEOC Appeal No. Rochelle F. v. United States Postal Service, EEOC Appeal No. 0120162040 (Apr. Equal Employment Opportunity Commission. info@eeoc.gov The EEOC concluded that the employee demonstrated that the Postal Service reasons for its actions were more than likely a pretext for reprisal discrimination and that the award of $40,000 was consistent with the amounts awarded in similar cases. Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. information only on official, secure websites. Costs USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Supervisor engaged in per se reprisal when he told Complainant that her complaints about EEO issues were causing him extra work and stress, threatened her with termination, and labeled her as someone who does not work well with others because of her oral complaints about co-workers. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. 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. Postal Service who have been subjected to the National Reassessment Process (NRP) from May 5, 2006 to present, allegedly in violation of the Rehabilitation Act of 1973. Here their was no support from the union. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Within the Office of Workers' Compensation Programs (OWCP), the Division of Federal Employees' Compensation (DFEC) is responsible for processing claims filed by Postal Service employees. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . EEOC: McConnell v. USPS - Final Agency Decision Vacated Their is no accountability in Michigan, so why would i be surprised !. As part of the federal-sector investigative process, an investigator must obtain information about vacancies from an agency and should give a complainant the opportunity to explain whether she or he can perform the essential functions of the vacant positions with or without reasonable accommodation. 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. Complainant's request for default judgment granted where Agency began its investigation only after Complainant requested a hearing before an Administrative Judge and provided no explanation for its failure to investigate complaint in a timely manner; because the record did not establish a prima facie case of disparate treatment, a claim of harassment, or a prima facie case of compensation discrimination, Complainant was not entitled to individual relief. (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System. "A$~ XD,R=T0Y& IkN =@&F>_ {. Serita B. v. Dep't of the Army, EEOC Appeal No. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 1 min read. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. She alleged discrimination based on race, national origin, and sex. 19), the U.S. Official websites use .gov That number includes both private sector and state and local . The Administrative Judge's denial of class certification was appropriate where the putative class agent failed to establish that the class met the commonality, typicality, and adequacy of representation requirements. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 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. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. Secure .gov websites use HTTPS According to the USPS' own written policy, "managers and supervisors are responsible for preventing harassment and inappropriate behavior could lead to illegal harassment and must respond. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. man who worked for them at the Ionia Post Office. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. Washington, DC 20507 Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. 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. It is by no accident that our craft is taking positive strides. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. IV. However, the judge may still award as much or less as the end result. Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator's request for an affidavit or to provide other explanations for the official's alleged actions; an agency's legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence. Agency's liability for compensatory damages extended back to the beginning of the sexual harassment, not the date that management became aware of it and failed to take prompt remedial action. The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. The lies to protect themselves is mind boggling. 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. Kylee C. v. Dep't of the Army, EEOC Appeal No. The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. Merit resolutions refers to charges that are resolved in the agency's administrative process (pre-litigation) in favor of the individual who filed the charge. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. EEOC Summarizes Policies on Monetary Awards - FEDweek The lawsuit also alleges that workers were fired after being moved to less physically demanding jobs, even if they provided written instructions to human resources from medical professionals restricting the type of work they were able to safely perform with their conditions. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. 012082505, Agency Case No. 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. info@eeoc.gov Washington, DC 20507 Just 47% of initial appeals before the Merit Systems Protection Boardthe quasi-judicial agency tasked with ensuring agencies follow civil service laws in their disciplinary actions and other . Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 Celine B. v. Dep't of the Navy, EEOC Appeal No. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt.