The NRP was utilized by the USPS from 20062011. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. Complainant was not entitled to reinstatement as part of make-whole relief or consolidation of his constructive-discharge claim because the record contained substantial evidence that Complainant resigned his position due to fear of termination as a result of matters that were unrelated to the Agencys failure to provide a reasonable accommodation. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. Zonia C. v. Dep't of Justice, EEOC Appeal No. 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. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 1-800-669-6820 (TTY) The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Antony Z. v. Dep't of the Army, EEOC Request No. Secure .gov websites use HTTPS Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Darin B. v. Office of Personnel Management, EEOC Appeal No. 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. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 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. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. 1-800-669-6820 (TTY) 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 0120132211 (Apr. 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. 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. 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. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. No. 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. Complainant established a prima facie case of age discrimination, and Agency did not meet its burden of production to articulate a legitimate, nondiscriminatory reason for not selecting Complainant for a supervisory position; stating that a complainant was not selected 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 score. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Of the 3,014 completed investigations, 99.2% were timely. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. Postal Service, EEOC Appeal No. 2019002318 (Apr. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. Agency's appeal of Administrative Judge's decision was untimely filed where Agency filed the appeal more than 45 days (including a five-day presumption of receipt) after issuance of the decision; Agency did not show that it received the decision beyond the presumed five days; Agency failed to seek waiver, estoppel, or equitable tolling; and Agency failed to offer adequate justification for an extension of the applicable time period. For Deaf/Hard of Hearing callers: Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 1-800-669-6820 (TTY) Can I be reinstated to my USPS job now while this relief process is ongoing? Harriet M. v. Dep't of Defense, EEOC Appeal No. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. Celine B. v. Dep't of the Navy, EEOC Appeal No. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. Arnoldo P. v. United States Postal Service, EEOC Appeal No. 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. If you have questions contact the EEOC at: 131 M Street, NE We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.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. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. You benefit from having control of the process, since you authorize access to your information. Kirk J. Angel is an employment attorney representing federal employees. 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. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . Share sensitive 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. Mac O. v. United States Postal Service, EEOC Appeal No. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. Published: July 20, 2016. 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. v. United States Postal Service an AJ decision certified the following class: Sharon M. v. Dep't of Transportation, EEOC Appeal No. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. However, some of the funds were held back to ensure that all affected clerks would receive back pay. If you agree to settle a complaint based on one or more stipulations, these must be written down, agreed on, and signed both by you and a management designee. 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. Carroll R. v. Dep't of the Navy, 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. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. The Postal Service has a comprehensive workplace violence program to identify, review, report, and address employee assaults nationwide. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. 536 0 obj <>stream An Equal Employment Opportunity Commission (EEOC) administrative judge may suspend a hearing to allow the parties to settle a case and will accept a settlement to resolve the case at any time before a final decision is reached. According to the nonprofit organization ProPublica the EEOC ruled that the NRP illegally discriminated against injured workers by creating a hostile work environment, taking away disability accommodations and revealing workers confidential medical information in 2015 and 2017. First time EEO efile user? After an appeal, complainant later requested the EEOC reopen her case. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. 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. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. 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. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. Elbert H. v. Dep't of Justice, EEOC Appeal No. 131 M Street, NE Postal workers in the US and worldwide cannot allow their struggles to be trapped within the realm of the labor unions and capitalist parties any longer. 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. 8403 Colesville RoadSuite 1000Silver Spring, MD 20910, 610 South Ninth StreetLas Vegas, NV 89101, 2023 Gilbert Employment Law, P.C. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120160256 (Apr. 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. 0120161068 (Mar. 131 M Street, NE Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 1 min read. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. 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. Miguelina S. v. Dep't of Justice, EEOC Request No. First, please know that we will continue fighting to get you the best possible award. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. michael sandel justice course syllabus. 520-2008-00053X; Agency Case No. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 0120180568 (Apr. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. Find your nearest EEOC office Malinda F. v. Dep't of the Air Force, EEOC Appeal No. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. A lock ( Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. 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. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.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. 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.
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