The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. The four unions which officially represent the postal workersthe American Postal Workers Union, National Association of Letter Carriers, National Postal Mail Handlers Union and National Rural Letter Carriers Associationhave not lifted a finger to mobilize workers to oppose these attacks, including the loss of over 250,000 post office jobs since 1999an almost 28 percent reduction in its workforce. According to the decision, Phase 2 consisted largely of canvassing facilities to identify work necessary for operations and functions, attempting to match the employee with the necessary work, and if none is found, notifying the employee that no work was available. shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; 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. Costs USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. 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. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. 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. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. Brenton W. v. Dep't of Justice, EEOC Appeal No. For our clients, please provide your updated contact information to us. 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. Interest on back pay is not available in federal-sector complaints under the ADEA. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. 0120132211 (Apr. 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) Administrative Judge properly ordered Agency to stop issuing cease-and-desist letters to employees who have reported discrimination, absent clear, documented evidence of some conduct (other than reporting discrimination) that the Agency reasonably concludes would warrant discipline in the absence of the employee's protected activity; issuing Complainant a cease-and-desist letter gave the appearance that Complainant, who complained of ongoing racial and sexual harassment, was just as culpable as her harasser. Agency discriminated against Complainant on the basis of disability when his managers did not allow him to take a polygraph examination, which was required for his position, where there was no reason to believe that his multiple sclerosis and medication would affect the validity of the polygraph result. 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. 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. 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. 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. Although Petitioner was entitled to back pay as a component of make-whole relief, she was not entitled to a sum greater than what she would have earned but for her constructive discharge; because her earnings while in active-duty military service between the time of her constructive discharge and her reinstatement exceeded her gross civilian back pay, Petitioner was not entitled to receive back pay. How to Negotiate an EEO Discrimination Settlement 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. endstream
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<. A .gov website belongs to an official government organization in the United States. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Postal Service, EEOC Appeal No. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. Colby S. v. Dep't of the Treasury, 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. Settlement Agreements for EEO Complaints - Office of Resolution 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. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. 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. 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. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. 1-800-669-6820 (TTY)
v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 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 [] USPS reissues it's Workplace Harassment and EEO Policy statements Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 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. 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. 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. Agency's liability for compensatory damages extended back to the beginning of the sexual harassment, not the date that management became aware of it and failed to take prompt remedial action. The 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. Postal Service, EEOC Appeal No. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. 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. Calvin D. v. Dep't of the Army, EEOC Petition No. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. I wish i could say that this the full loss to the workers, It is by no accident that our craft is taking positive strides. v. United States Postal Service anAJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. First, please know that we will continue fighting to get you the best possible award. Irina T. v. Dep't of Veterans Affairs, EEOC Appeal No. 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 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. 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. Frances A. v. Dep't of Justice, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone)
26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. 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. Padilla v. USPS, EEOC Appeal No. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Heidi B. v. United States Postal Service, EEOC Appeal No. hbbd```b``"WI~ You do what they say, not what they do. Ross R. v. Dept of Homeland Security, EEOC Appeal No. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No. Salvatore K. v. Dep't of Justice, EEOC Appeal No. Bill A. v. Dep't of the Army, EEOC Appeal No. "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. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 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 average out of court settlement is about $40,000. Padilla v. USPS, EEOC Appeal No. PEN Resources foir Postal Employees Postal Service, EEOC Appeal No. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. Claimants and their attorneys/representatives may use this site to update contact info, submit correspondence and/or supporting documentation, and view orders entered in the case. 0120172637 (Mar. 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. 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) 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.
24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. 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. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) is issuing the following instructions regarding the processing of federal sector EEO complaints covered by 29 CFR Part 1614. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. We thank you all for your continued patience with this process. 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. Can I be reinstated to my USPS job now while this relief process is ongoing? 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. Kirk J. Angel is an employment attorney representing federal employees. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. Official websites use .gov 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. Ramon L. v. Dep't of Justice, EEOC Appeal No. 4B-140-0062-06). 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. 0120180568 (Apr. USPS employee wins discrimination and harassment claim with the EEOC. 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. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. 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. 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. EEOC Administrative Judge has approved a settlement in the Pittman v USPS Class Action Claims | Home Kylee C. v. Dep't of the Army, EEOC Appeal No. 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 EEOC concluded that the employee demonstrated that the Postal Service reasons for its actions were more than likely a pretext for reprisal discrimination and that the award of $40,000 was consistent with the amounts awarded in similar cases. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate 1995)("comparability of awards must be adjusted for the changing value of money over at 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. Administrative Judge properly determined that, where Complainant (through a retainer agreement) was being provided legal services at a reduced rate based on public-interest-minded reasons, the proper hourly rate was the prevailing rate at the time of the fee petition rather than the historical rate at the time the work was performed. NRP Class Action Update December 2020 - Postal Employee Network 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.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. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Minda W. v. Dep't of the Navy, EEOC Appeal No. hb```,,K@( Serita B. v. Dep't of the Army, EEOC Appeal No. The Commission had previously found discrimination in EEOC Appeal No. PDF Front page | U.S. Department of the Treasury 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. 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. Antony Z. v. Dep't of the Army, EEOC Request No. Postal Service Policy on Workplace Harassment - USPS After an appeal, complainant later requested the EEOC reopen her case. Texas mail carrier wins $250,000 in discrimination lawsuit 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. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. American Postal Workers Union, AFL-CIO The MVS Craft continues to grow. The EEOC . APWU - Second Round of Payments for POStPlan Staffing * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. 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.