0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Disability (Physical); and (3) Age. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 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. In these districts, the Postal Inspection Service investigated 145 . 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. 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. 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) 48-1 40-0062-06, the final agency decision (FAD) issued in connection 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. 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, the only African-American plumber at the facility where he worked, was subjected to a hostile work environment based on race when coworkers tampered with his toolbox and left notes in it saying that African Americans did not have the skill sets to be plumbers, attempted to restrain him to a chair with a metal clamp, referred to him as a goat, and duct-taped him to a chair; the Agency was liable for the racial harassment because it did not take immediate and appropriate corrective action after Complainant reported the first, toolbox incident. 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. Republican President Donald Trump has unleashed new threats to privatize the USPS in recent years, against which thousands of postal workers in cities across the US protested in 2018. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. Agency was not joint employer of Complainant where it did not have sufficient control over Software Engineer in laboratories operated by staffing firm on Agency premises; deciding whether to pay for projects that Complainant proposed was not equivalent to assigning and managing his work. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. 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. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Brenton W. v. Dep't of Justice, EEOC Appeal No. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. The EEOC notes that this is the highest amount in 16 years. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. death spawn osrs. Marquis K. v. Dep't of the Navy, EEOC Appeal No. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. All workers here quit, retired, or were fired. 0120160846 (Apr. 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. Agency dismissal of complaint for failure to state a claim, on ground that Commission did not have jurisdiction to review substance of security clearance, reversed where agency made a determination based on suitability, not a security clearance. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. Postal Service, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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. You benefit from having control of the process, since you authorize access to your information. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 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. Here their was no support from the union. Buck S. v. United States Postal Service, EEOC Appeal No. He was a part of the 130000 0120123215 and 0120131079 (Mar. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Alesia P. v. Dep't of Justice, EEOC Appeal No. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. Agency discriminated against Complainant on the bases of race and sex when her supervisor gave her a negative job reference that included unfounded critical statements about Complainant; evidence supported Complainant's assertion that supervisor did not want Complainant, a Hispanic woman, potentially to serve as the supervisor's superior. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. 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. 1-844-234-5122 (ASL Video Phone) 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. Bill A. v. Dep't of the Army, EEOC Appeal No. Where there was no basis to support the Administrative Judge's award of $9,122.50 more than the requested $122,150.00 in attorney's fees, the appellate decision adjusted the award to reflect the actual amount claimed in the fee petitions. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120090062 (9/21/10). 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. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Agency denied Complainant a reasonable accommodation for his hearing disability when it did not provide a sign language interpreter during training and safety meetings; where the physical safety of employees in the workplace is the subject of discussion, it is uniquely pressing for Complainant to have access to the information being conveyed. 012082505, Agency Case No. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. 131 M Street, NE 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? 4B-140-0062-06). 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. 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. Statements from others, including family members, friends, health care providers, other counselors (including clergy) could address the outward manifestations or physical consequences of emotional distress including sleeplessness, anxiety, stress, depression, marital strain, humiliation, emotional distress, loss of self-esteem, excessive fatigue or a nervous breakdown. NEW YORK (AP) Four New York City ambulance workers who said they were disciplined for speaking to the media during the harrowing, early months of the COVID-19 pandemic have reached a settlement in their free speech lawsuit against the fire department and the city, their union announced Wednesday. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 0120171405 (Mar. A lock ( However, the EEO refused to award more than $1,000 in attorney fees as the record didnt include an affidavit submitted by Padillas attorney, only his account indicating monthly payments to his attorney for services rendered. 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. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. 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, Selected Noteworthy Federal Sector Appellate Decisions. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. v. United States Postal Service an AJ decision certified the following class: 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 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. The government-wide average was 344 days. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. Racial slurs, in and of themselves, may be sufficiently severe to constitute a hostile work environment even if the derogatory comments were not aimed at the complainant. Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. Agency failed to take prompt and effective action to address Complainant's claim of sexual harassment; a supervisor's fear of retaliation by his or her superior is an insufficient argument for failing to take action as a supervisor. 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. The MVS Craft continues to grow. 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) She alleged that the USPS has subjected her to disability discrimination and harassment. Calvin D. v. Dep't of the Army, EEOC Petition No. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. Agency, which conceded that it jointly employed Complainant with his staffing firm, should not have dismissed complaint for failure to state a claim; Agency's contention that it did not know of the alleged harassing behavior of staffing firm employees went to the merits of the complaint, which must be investigated. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. A lock ( Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Washington DC 20005. The USPS now employs around 630,000 workers compared to 900,000 in 1999. info@eeoc.gov In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. We will update the list periodically with the most recently issued decisions. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. The US Postal Department had been a cabinet department of the executive branch since 1872. 520-2008-00053X; Agency Case No. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. o o O o O o o O o o O N CD o o o o o o o o o o o > cra 0 o CD < O o o o . Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 0120162040 (Apr. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. 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. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Padilla v. USPS, EEOC Appeal No. After an appeal, complainant later requested the EEOC reopen her case. For Deaf/Hard of Hearing callers: I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Secure .gov websites use HTTPS Their is no accountability in Michigan, so why would i be surprised !. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 0120172604 (Apr. 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. info@eeoc.gov 2019001961 (Sept. 21, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001961.pdf. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. 0120161068 (Mar. The lies to protect themselves is mind boggling. 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. Agency discriminated against Complainant based on disability when it denied her request for leave without pay and charged her with being absent without leave; agencies may need to modify general leave policies when providing reasonable accommodations. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 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. Annalee D. v. General Services Administration, EEOC Request No. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . . 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. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. Celine B. v. Dep't of the Navy, EEOC Appeal No. 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. More in: Issue Briefs. A .gov website belongs to an official government organization in the United States. 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. 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 . We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Speaking of Special Interest Groups it is pathetic. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. Norbert K. v. Dep't of State, EEOC Appeal No. 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. 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. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. International Committee of the Fourth International. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. EEOC Awards $165,000 in Compensatory Damages The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. 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. Alena C. v. Dep't of State, EEOC Appeal No. 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. 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, Decision to File Complaint Pending at End of Fiscal Year, Completed/Ended Counselings/Complaint Closures, All Pre-Complaint Counselings (minus remands). 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. For our clients, please provide your updated contact information to us. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. An official website of the United States government. EEOC Summarizes Policies on Monetary Awards. 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. 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. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. Miguelina S. v. Dep't of Justice, EEOC Request No. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. 1-800-669-6820 (TTY) 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.pdf. Find your nearest EEOC office A .gov website belongs to an official government organization in the United States. In the case of Sandra McConnell, et al. If you have questions contact the EEOC at: 131 M Street, NE 0120180568 (Apr. However, some of the funds were held back to ensure that all affected clerks would receive back pay. 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. Frances A. v. Dep't of Justice, EEOC Appeal No. The video game publisher Activision Blizzard said Monday that it would pay $18 million in a settlement with a federal employment agency that filed a . Minda W. v. Dep't of the Navy, EEOC Appeal No. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. It is by no accident that our craft is taking positive strides. And the Unions are bed partners with Management. January 17, 2020 - Status Update - Pittman Settlement Letters. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process.
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