usps eeoc settlements 2020 usps eeoc settlements 2020

The ADUS award was the last in a series of four RI-399 craft jurisdiction awards that (This article first appeared in the November/December issue of the American Postal Worker magazine) Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. 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) Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. Agency violated the Rehabilitation Act when it did not provide Complainant with adequate equipment and unreasonably delayed the provision of assistive technology, software, and training to support her accommodation of full-time telework; performance counseling memorandum and placement on performance improvement plan for performance issues directly resulted from Agency's failure to provide Complainant with adequate technologies required to telework effectively. 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. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. 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. Cristen T. v. U.S. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. All workers here quit, retired, or were fired. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. 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. USPS employee wins discrimination and harassment claim with the EEOC. Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. LockA locked padlock 0120161068 (Mar. but I was working at a Post office in the same county in 2015. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. Welcome to the USPS Class Action Claim Website 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. 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. 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. 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. 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. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. 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. 2019002318 (Apr. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Minda W. v. Dep't of the Navy, EEOC Appeal No. 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. 0120160256 (Apr. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. American Postal Workers Union, AFL-CIO 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. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. The government-wide average was 344 days. 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. An average out of court settlement is about $40,000. Agency erroneously dismissed complaint for failure to cooperate; the name of the alleged discriminating official and the time frame during which the alleged discrimination occurred constituted sufficient information for the Agency to complete its investigation without an affidavit from Complainant. man who worked for them at the Ionia Post Office. 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. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. If you have questions contact the EEOC at: 131 M Street, NE Postal Service, EEOC Appeal No. 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. 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. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Rochelle F. v. United States Postal Service, EEOC Appeal No. We will update the list periodically with the most recently issued decisions. January 17, 2020 - Status Update - Pittman Settlement Letters. 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. Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. 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. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. An official website of the United States government. 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. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. 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. 0120171870 (Mar. 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. 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. 0120170604 (Mar. Pamula W. 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. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. workers that this case involved. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. Sol W. v. Dep't of Defense, EEOC Appeal No. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. That number includes both private sector and state and local . Mac O. v. United States Postal Service, EEOC Appeal No. 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. 0520130618 (June 9, 2017) citing thEEOC V. AIC Security Investigations, Inc. 55 F.3d 1276 at 1286 (7 Cir. 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. If such draconian moves ever go forward, it will only be thanks to the previous Democratic and Republican administrations which sanctioned cuts to the USPS and to the postal workers unions which have been complicit in these attacks. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. 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. 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. 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. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120180519 (Mar. Complainant subjected to a hostile work environment based on sex where subordinate disparaged him because of his sexual orientation and managers, who placed the onus on Complainant to discipline the harasser or file an EEO complaint, failed to take prompt and effective action; because Agency did not have an effective anti-harassment policy, Agency was ordered to seek technical assistance from EEOC's Office of Federal Operations and to correct the policy's deficiencies. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. After an appeal, complainant later requested the EEOC reopen her case. 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. First time EEO efile user? 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@, Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. Share sensitive Postal Service, EEOC Appeal No. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. It is like living in a country, run by a dictator. Dickerson v. Potter The NRP was utilized by the USPS from 20062011. Elbert H. v. Dep't of Justice, EEOC Appeal No. Cox filed another EEO complaint of discrimination which is still pending. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. 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. 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. Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. 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. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 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. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. "In accordance with remedial compliance action item I contained in the November 7, 2018 decision of the Equal Employment Opportunity Commission's Office of Federal Operations (EEOC) in Sandra M. McConnell et al. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. For our clients, please provide your updated contact information to us. Equal Employment Opportunity Commission (EEOC) discrimination allegations. ) or https:// means youve safely connected to the .gov website. 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. Published Sept. 27, 2021 Updated Oct. 28, 2021. Postal Service, EEOC Appeal No. 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. A .gov website belongs to an official government organization in the United States. Case remanded to Agency for further investigation of Complainant's harassment claims where record was devoid of any evidence that Complainant's co-workers, including the alleged harasser, were interviewed during the investigation. In December 2011 the USPS announced that it planned to close more than half252 out of a total of 461of its mail processing centers, eliminating 28,000 positions and reducing the delivery of overnight first-class mail. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. It experienced five straight years of operating losses between 20112016 with the majority of its deficit coming from $5.8 billion in accruals of unpaid mandatory retiree health insurance payments. Stating that a complainant was not selected for a supervisory position because she received a lower score than the selectees does not meet an agencys burden of production, unless the agency explains the specific reasoning for the scores; the assertion that a complainant ranked lower than the selectees is meaningless without evidence of the specific scores, the manner in which the scores were derived, and the pertinence of the scores to the position at issue. Irina T. v. United States Postal Service, EEOC Appeal No. No. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Agency denied Complainant a reasonable accommodation in violation of the Rehabilitation Act when it failed to provide him with a sign-language interpreter at the kick-off Combined Federal Campaign meeting intended for all facility employees; a "make-up" meeting, where only the CFC representative and three deaf employees, but no keynote speakers, were present was insufficient to remedy the situation. 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. 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. Find your nearest EEOC office Edward W. v. Social Security Admin., EEOC Appeal No. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . Velva B. v. United States Postal Service, EEOC Appeal No. 1 min read. Administrative Judge properly sanctioned Complainant, by cancelling the hearing and remanding the complaint to the Agency for a final decision, when Complainant failed to abide by the AJ's order to remove video depositions of management officials from YouTube and to provide written confirmation that he had done so. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.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 [] v. United States Postal Service an AJ decision certified the following class: The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. 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. 0120172604 (Apr. Jordon S. v. Dep't of Justice, EEOC Appeal No. 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. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. In the case of SandraMcConnell, et al. info@eeoc.gov 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. The complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Buck S. v. United States Postal Service, EEOC Appeal No. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. Login to EEO efile This is the on-line system for initiating the Equal Employment Opportunity (EEO) counseling process or the Alternative Dispute Resolution (ADR) process with an EEO Counselor to resolve your claim of employment discrimination. 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. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. The same year, several media outlets began to speculate that the USPS was going out of business. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Bill A. v. Dep't of the Army, EEOC Appeal No. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. But these new rules would impose additional requirements on the EEOC that . Fiona H. v. Dep't of the Treasury, EEOC Appeal No. An official website of the United States government. No violation of Equal Pay Act where Agency established that the Agency-wide salary increases and the performance-based salary increase system were gender-neutral factors, were applied consistently, and explain any compensation disparity between Complainant and her male coworkers. 0120090062 (9/21/10). Heidi B. v. United States Postal Service, EEOC Appeal No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Dismissal of hearing request not warranted where any problems concerning the adequacy of Complainant's discovery responses could have been cured well before the discovery period ended, failure to issue a show-cause order deprived Complainant of the opportunity to respond to Agency's motions for sanctions, and Commission could not independently assess adequacy of Complainant's responses to Agency's discovery requests because the requests and responses were missing from the record.