usps eeoc settlements 2020

In recent decades, the USPS has faced enormous funding cuts. In the case of SandraMcConnell, et al. 131 M Street, NE USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. information only on official, secure websites. The Administrative Judge properly reduced Complainant's attorney's fees and costs by 40 percent where Complainant prevailed on only one of his five retaliation claims, the successful claim was not so inextricably intertwined with the unsuccessful claims that Complainant would be entitled to an award of full attorney's fees, the case did not present novel issues, and the fee petition contained numerous instances that might be considered excessive, duplicative, or unreasonable time expended. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, EEOC Awards $165,000 in Compensatory Damages, Adverse Action Not Permitted for Use of Approved Leave, Adverse Inference for Failure to Produce Documents, Agency Liable for Actions of Subordinate Employee, Agency Rationale Found to Be Pretext for Bias, Arbitral Review of Adverse Actions, Part 1, Attorney Fees Awarded Where Penalty Mitigated, Award Increased in Discrimination Finding, Benefit of Doubt when Representing Oneself, Board Clarifies Jurisdiction for Disabled Veterans, Career Intern Program Violates Veterans Preference, Claim against Agency by IPA Employee Allowed, Claim for Damages and Fees Gets Second Look, Complainants Role in EEO Investigation Part 2, Constructive Notice Bars Summary Judgment, Court Finds No Adverse Employment Action or Reprisal, Court Remands Case for Review of Suggestion Award, Court Rules Against Former Spouse Survivor Annuity, Definition of Disability under the Rehabilitation Act, Disability Discrimination by State Department, Disability Retirement and Discrimination Claims, Discrimination Due to Age, Union Activities, EEO Representative Has Viable Claim of Retaliation, EEOC Awards Substantial Compensatory Damages, EEOC Denies Agencys Request for Reconsideration, EEOC Sustains Discrimination Claim of FAA Employee, Employee Not Entitled to Accommodation for Spouse, Employee Wins at EEOC after Decade-Long Fight, Equal Pay Act Plaintiffs Must Prove Sex Discrimination, Failure to Comply with Law Judges Orders, Failure to Reassign Violates Rehabilitation Act, FEGLI Beneficiary Designation Trumps State Law, Genetic Information Nondiscrimination, Part 1, Genetic Information Nondiscrimination, Part 2, Going Straight to Court with EEO Complaint, Harassment Based on Perceived Sexual Orientation, Hearing Ordered in Involuntary Resignation Case, Hostile Work Environment and Compensation Claims, Hostile Work Environment Harassment Based on Gender, Importance of Impartial Investigations Stressed, Jurisdiction Argument after Delay in Appeal, Lateral Transfer Can be Adverse Job Action, Mixed Motives in Age Discrimination Cases, Modification of Work Schedule as Reasonable Accommodation, MSPB Applies Ruling Limiting Appeal Rights, MSPB Jurisdiction Over Newer FAA Employees, MSPB May Review OPM Suitability Determinations, MSPB Mitigates Penalty for Hatch Act Violation, MSPB Upholds Former Park Police Chiefs Removal, MSPB Upholds Removal for False Medal Claim, New Decision on Management-Directed Reassignment, NSPS Cant Impose New Probationary Period, Performance Improvement Plan Not an Adverse Action, Physician Protected Under Whistleblower Law, Pre-Enactment USERRA Jurisdiction Affirmed By Federal Circuit, Protections for Legislative Branch Employees, Reassignment of Harassment Victim Reversed, Recommended Changes to EEOC Regulations and Procedures, Resignation Reversed Due to Misinformation, Retaliation Not Covered in Age Discrimination Case, Revocation of Accommodation may be Discriminatory, Sleep Impairment a Disability Under Rehabilitation Act, Suit against Manager in Personal Capacity, Supervisors Comments Could Have Chilling Effect, Supporting a Hostile Work Environment Claim, Supreme Court Rejects Challenge to Cats Paw Theory, Supreme Court Simplifies Mixed Case Appeals, Survivor Lacks Standing to Bring EEO Claim, Telecommuting as Reasonable Accommodation, Temporary Demotion States Cause of Action, Threat of Discipline Found to be Reprisal, Tolling of Deadlines for Filing Veterans Preference Complaints, TSA Not Immune To Rehabilitation Act Claims, TSA Screener Applicants Exempt from Rehabilitation Act, U.S. District Court Denies Summary Judgment, Unionists Access to Agency System Upheld, Untimely Disability Retirement Application, Whistleblower Compensation Provision Not Retroactive, Whistleblower Legislation Advances in Congress, Whistleblower Reprisal Found, Relief Ordered. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. The plight of USPS workers bears striking similarities to the experience of workers at tech and logistics giant Amazon, owned by ultra-billionaire Jeff Bezos, who are routinely victimized, harassed, spied upon, fired and denied workers compensation for injuries suffered on the job. Complainant's request for default judgment granted where Agency did not issue its final decision until 210 days after Administrative Judge's order remanding the complaint to Agency for a final decision and Agency provided no explanation for its significant delay. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. XOs`4ueYh;Ex=B,Dv4 RhA8eKw/VAFGVg(Iz8u.V:\Ms|(pAGn%A@%xK b8@8\Kx78 Y> &L P dv0H4t0p40Ht00 @` h*D#8&i 4 a`M@, Silas T. v. Dep't of the Air Force, EEOC Appeal No. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. 2020005108 (Apr. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. USPS has joined more than 1,500 companies using The Work Number, an automated service that allows you to quickly and securely provide proof of your employment or income. info@eeoc.gov The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System (This article first appeared in the September/October 2020 issue of theAmerican Postal Workermagazine) I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Miguelina S. v. Dep't of Justice, EEOC Request No. Alena C. v. Dep't of State, EEOC Appeal No. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 0120160846 (Apr. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. After an appeal, complainant later requested the EEOC reopen her case. 2019002318 (Apr. Cristen T. v. U.S. 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. And the Unions are bed partners with Management. 0 Carroll R. v. Dep't of the Navy, EEOC Appeal No. The US Postal Department had been a cabinet department of the executive branch since 1872. death spawn osrs. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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 ). Washington DC 20005. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. What Hasn't Been Working Well Imagine the EEOC ruling against you in a discrimination charge and inviting you to a settlement conference without explaining either why you lost the case or how [] Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. The EEOC in making its award of $165,000 in compensatory damages noted that Padilla had asserted that he had both emotional and physical suffering since his termination, lost custody of his daughter, hasnt been able to see his daughter since his former wife and daughter relocated, lost friendships, has slept in his car and frequently didnt have any food. %%EOF For complaint closures with monetary benefits, the averageawardwas$9,418. 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. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. on 8/11/2022 Joint Employers in Permian Basin Retaliated. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Edward W. v. Social Security Admin., EEOC Appeal No. Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. 0120162040 (Apr. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. The U.S. 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. The U.S. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. 1-800-669-6820 (TTY) 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. USPS' average time for completing an investigation was 113 days. 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. Serita B. v. Dep't of the Army, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone) But these new rules would impose additional requirements on the EEOC that . Find your nearest EEOC office 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 1-800-669-6820 (TTY) The Post Office is unbelievable in their ability to mistreat their workers. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Official websites use .gov 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.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'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. Lamar M. v. U.S. The NRP was utilized by the USPS from 20062011. Record was insufficient to determine whether Agency jointly employed Complainant where record did not contain the contract between the Agency and staffing firm, Complainant's position description, or any evidence regarding the day-to-day actions, duties, and responsibilities of Complainant's job. According to the US Labor Department, postal workers accounted for only one-fifth of all federal employees in 2019, yet were disproportionately injured on the job, experiencing half of all workplace illness and injuries among federal employees. I am a member of this class action. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. In our continuing commitment to require postal managements compliance with the August 2016 arbitration decision rendered by national arbitrator Shyam (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. Postal Service, EEOC Appeal No. We will update the list periodically with the most recently issued decisions. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. More in: Issue Briefs. 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 class action lawsuit brought before the Equal Employment Opportunity Commission (EEOC). The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. All rights reserved. 2022_11_29_Ordr_Prdc_UntimelinessSprdsht_Redacted.pdf, Motion to Clarify or Supplement (11.15.22) (as filed)_Redacted.pdf, 2022 11-3 Order Following Conference_Redacted.pdf, Copyright United States Postal Service 2019. 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. 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. Norbert K. v. Dep't of State, EEOC Appeal No. 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. It is by no accident that our craft is taking positive strides. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. 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. For questions or concerns please contact our offices: Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) Colby S. v. Dep't of the Treasury, EEOC Appeal No. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Harriet M. v. Dep't of Defense, EEOC Appeal No. Complainant not entitled to personal relief for discriminatory non-selection where substantial evidence of record supported Administrative Judge's conclusion that Agency canceled the selection process because of a violation of the collective bargaining agreement and would not have selected Complainant for the position absent the discrimination. Letter of Caution's reference to an EEO settlement and Complainant's claim of discrimination constituted per se reprisal; references to Complainant's EEO activity in a disciplinary context could reasonably have a chilling effect on the use of the EEO complaint process. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. Postal Service who was subjected to a hostile work environment for over three years and then removed. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. Neither did the unions make any effort to unite USPS workers with their class brothers and sisters across the border during the 2018 strike of 50,000 Canadian postal workers, who were also fighting against a brutal profit-driven work regimen where real wages had fallen and understaffing led to speedup and heavy workloads that caused an accident rate among postal workers to be five times that of the average rate for federally regulated industries. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Lara G. v. United States Postal Service, EEOC Request No. Brenton W. v. Dep't of Justice, EEOC Appeal No. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. 1-800-669-6820 (TTY) 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. We thank you all for your continued patience with this process. 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 USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. Here their was no support from the union. Published: July 20, 2016. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. Share sensitive I know a 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. 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. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit, nrpclassaction@theemploymentattorneys.com, Syracuse NY Postal Carrier Charged with Discarding Mail, Kubayanda Resumes Role as Postal Regulatory Commission Chairman, Florida Postal Clerk Sentenced To Prison For Stealing Mail, Passport Applications To Commit Bank Fraud, Nebraska man gets prison for impersonating USPS Postal Inspector, U.S. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. 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. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 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. Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The EEOC notes that this is the highest amount in 16 years. The USPS has fought back against the claims brought forward by the lawsuit, contesting each workers claim individually, alleging that injured workers never provided enough proof that they had disabilities or were actually harmed as a result of the NRP. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. Substantial evidence supported the Administrative Judge's finding that the Agency subjected Complainant to a hostile work environment based on age and in reprisal for protected EEO activity when she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. 1 min read. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. Workers in the class action suit claim that this is false and that other workers had to speed up to cover their heavy workloads after they were fired. shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. Antony Z. v. Dep't of the Army, EEOC Request No. 2021001898 (Apr. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. 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. Share sensitive Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 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.

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