Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. Official websites use .gov 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. It is like living in a country, run by a dictator. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. ) or https:// means youve safely connected to the .gov website. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. 1-800-669-6820 (TTY) PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS 0120160256 (Apr. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. Last year, when the city of Minneapolis awarded $27 million to the family of George Floyd, their attorney called it the largest pretrial civil rights settlement ever. The AJ took account of several factors that limited Complainants non-pecuniary damages award, found that the Agency was not the sole cause of Complainants emotional and psychological harm, and limited the award of pecuniary damages to the amounts contained in "legitimate receipts.". The EEOC noted that the untimely invoices submitted on appeal did not detail the attorneys hourly rate or clearly identify the services performed by the attorney. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Eleni M. v. Dep't of Transportation, EEOC Appeal No. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Employee lawsuits are expensive. 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. Of the 3,014 completed investigations, 99.2% were timely. The grievances expressed in the lawsuit are the result of the subordination of the US Postal Service to the relentless demands of the capitalist profit system in which it operates, and these conditions cannot be eliminated for all workers through the capitalist legal system. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. Current Developments | NRP Class Action Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. An average out of court settlement is about $40,000. Generally, to win a retaliation case, you have to show (1) legally protected activity -- of which Ryan had tons, (2) adverse employment action -- and getting fired is clearly "adverse," so Ryan had that, too, and (3) a "causal connection" between the legally protected activity and the adverse employment action (uh-oh). Agency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage but may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant's approval of such changes; agency defense counsel also may assist agencies in informal resolution talks during the counseling stage so long as counsel suggests, but does not dictate, settlement terms. Agency did not show that employment of Complainant in Deportation Officer position would pose a direct threat where Medical Review Board made a blanket determination that Complainants medication created a potential risk of injury while performing Deportation Officers duties, but the Board ignored his work history in a similarly strenuous law enforcement position and discounted the opinion of his cardiologist. 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 ). 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. usps eeoc settlements 2020 usps eeoc settlements 2020. ps4 controller trigger keeps activating. Postal Workers Class Action EEOC Cases Against USPS Sherrie M. v. U.S. 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. 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. 1300 L Street NW Padilla v. USPS, EEOC Appeal No. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 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. The struggles the Craft has faced over the Financial Issues for Local, State Union Officers, Arbitrator Sharnoff Issues National-Level Award on ADUS Craft Jurisdiction, Das Issues Remedy Award on PM End of Day Button Case, Arbitrator Sustains APWUs Position on Clerk Craft Jurisdiction over Parcel Sorting Work, Taking the MVS Craft Forward One Step at a Time. I Won My EEOC Claim. Can I Negotiate the Amount Awarded? Tanya P. v. United States Postal Service, EEOC Appeal No. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. Secure .gov websites use HTTPS Postal Service Love Series Celebrates the Beauty and Delight of Flowers, USPS to end Priority Mail Prepaid Flat Rate Stamped Envelopes, USPS: Cyber Monday Is Next WeekFour Weeks Left for Holiday Shopping and Shipping, Michigan NALC Branch President Pleads Guilty to Embezzlement of $6,600, Postal Regulatory Commission Vice Chair Temporarily Assumes Administrative Responsibilities of the Agency, Biden to nominate 2 for USPS Board of Governors, oust DeJoy allies Bloom, Barger, New Orleans Letter Carrier Indicted for Delay or Destruction of Mail, U.S. Class members should expect to receive written notice concerning the claim procedure within the next month. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. Washington, DC 20507 Sharon M. v. Dep't of Transportation, EEOC Appeal No. 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. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. The appellate decision affirmed an Administrative Judge's award of $200,000.00 in non-pecuniary compensatory damages and $223,116.35 in pecuniary compensatory damages. Former USPS workers in the NRP class action suit allege that they were discriminated against after showing proof that they had been injured at work. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.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) 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. 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. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 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. The suit alleges that the USPS routinely harassed and discriminated against injured workers and refused to provide reasonable accommodations to workers who had become disabled as a result of their injuries. Alesia P. v. Dep't of Justice, EEOC Appeal No. The Agency did not overcome Complainant's prima facie case of sex discrimination where the Agency explained the general mechanics of the selection process for a Lead Transportation Security Officer position but did not provide a specific, individualized explanation for why Complainant was not chosen for the position. Colby S. v. Dep't of the Treasury, EEOC Appeal No. Official websites use .gov In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. workers that this case involved. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Interest on back pay is not available in federal-sector complaints under the ADEA. PDF EEOC Awards of Emotional Distress Damages Over $100,000 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. Pursuant to 29 C.F.R. She alleged that the USPS has subjected her to disability discrimination and harassment. 0120180736 (Aug. 30. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. 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. Baltimore to pay $6M in latest police misconduct settlement I am a member of this class action. Employers paid $439M to resolve EEOC discrimination claims in 2020 Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. Patricia W. v. Dep't of Homeland Security, EEOC Appeal 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. Frances A. v. Dep't of Justice, EEOC Appeal No. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. Carriers also risk injury from lifting heavy bins, squatting, repeatedly getting in and out of mail trucks, walking up and down stairs, and walking to deliver mail in inclement weather, putting them at greater risk for slips and falls as well as joint injuries. The NRP was utilized by the USPS from 20062011. Can I be reinstated to my USPS job now while this relief process is ongoing? Unfortunately, some of our clients in this case have passed away. The EEOC notes that this is the highest amount in 16 years. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. but I was working at a Post office in the same county in 2015. 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. The Cost to your Company. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate 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? %PDF-1.6 % 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. Retaliation, EEOC, Settlement | JD Supra According to the Commission, there was evidence of at least five incidents over a one year period where the agency failed to accommodate complainant's hearing impairment. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 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. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 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. A lock ( USPS has taken steps, and described . However, some of the funds were held back to ensure that all affected clerks would receive back pay. 2019001961 (Sept. 21, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001961.pdf. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. Settling a Complaint - USPS 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. 1-800-669-6820 (TTY) 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. An official website of the United States government. Thersa E. v. U.S. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. Jordon S. v. Dep't of Justice, EEOC Appeal No. %%EOF Lacy R. v. Dep't of the Air Force, EEOC Appeal No. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. You benefit from having control of the process, since you authorize access to your information. 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. A .gov website belongs to an official government organization in the United States. 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.
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