Silas T. v. Dep't of the Air Force, EEOC Appeal No. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. 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. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. USPS Settlement 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. 1-844-234-5122 (ASL Video Phone)
2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. 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. But these new rules would impose additional requirements on the EEOC that . 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. 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. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 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. Their is no accountability in Michigan, so why would i be surprised !. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. The EEOC notes that this is the highest amount in 16 years. No. 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. info@eeoc.gov
Antony Z. v. Dep't of the Army, EEOC Request No. LockA locked padlock 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. Interest on back pay is not available in federal-sector complaints under the ADEA. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. The complainant worked at the United States Postal Service (USPS). Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. An agency will qualify as a joint employer if it has the right to control the means and manner of the individual's work, regardless of whether the individual is paid by an outside organization or is on the federal payroll. 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. More in: Issue Briefs. I wish i could say that this the full loss to the workers, The MVS Craft continues to grow. (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. 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. 2020002285 (Apr. This booklet also provides an explanation of the REDRESS program REDRESS, an alternative dispute resolution process, may offer you an opportunity to request mediation in addition to traditional EEO 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. I know a Eleni M. v. Dep't of Transportation, EEOC Appeal No. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. workers that this case involved. Published Sept. 27, 2021 Updated Oct. 28, 2021. That number includes both private sector and state and local . Can I be reinstated to my USPS job now while this relief process is ongoing? All workers here quit, retired, or were fired. 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. Lara G. v. United States Postal Service, EEOC Request No. Reita M. v. Agency for International Development, EEOC Appeal No. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Copyright 2023 The Angel Law Firm, PLLC. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. 2019005682 (Apr. Sharon S. v. Dep't of Defense, EEOC Appeal No. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.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. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. If you have questions contact the EEOC at: 131 M Street, NE
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. Your claim in this case is a personal asset. In the case of Sandra McConnell, et al. 48-1 40-0062-06, the final agency decision (FAD) issued in connection For Deaf/Hard of Hearing callers:
USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Moreover, some EEO complaints dated back as far as 2001. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. The reduction in attorney fees indicates the importance of a timely submitted detailed fee petition for attorney fees and expenses, including a printout of the time and costs incurred, the services rendered, and a sworn affidavit setting forth justification for the attorneys requested hourly rate(s), fees and costs. death spawn osrs. The settlement directed the Postal Service to pay $44.8 million directly to clerks and establish an escrow of $11.2 million to be disbursed in a manner determined by the union. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Sol W. v. Dep't of Defense, EEOC Appeal No. 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. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. Agency subjected Complainant to a retaliatory hostile work environment when, during a conversation in which Complainant asked her supervisor to investigate her allegations of race discrimination, the supervisor reminded Complainant that she was still in a probationary status, denied that the Agency was discriminating, told Complainant "to calm down on that," and stated that Complainant's co-workers might file complaints against her because they found her claims of race discrimination offensive. 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. 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. We thank you all for your continued patience with this process. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Postal Service, EEOC Appeal No. Class members include individuals with disabilities in permanent rehabilitation positions who allegedly had their duty hours restricted between March 24, 2000 and December 31, 2012. 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 ). To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. 0120170498 (Apr. Mae P. v. Equal Employment Opportunity Commission, 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. 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. 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. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. Postal Service, EEOC Appeal No. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. A lock ( 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. 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. 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. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. Share sensitive 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. 1300 L Street NW 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. Elbert H. v. Dep't of Justice, EEOC Appeal No. The Cost to your Company. 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. Padilla v. USPS, EEOC Appeal No. Sonia B. v. Tennessee Valley Authority, 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. 0120090062 (9/21/10). 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. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. 0120170604 (Mar. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. The Postal Service has a comprehensive workplace violence program to identify, review, report, and address employee assaults nationwide. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. For complaint closures with monetary benefits, the averageawardwas$9,418. On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System (This article first appeared in the September/October 2020 issue of theAmerican Postal Workermagazine) Cox filed another EEO complaint of discrimination which is still pending. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No.
Washington, DC 20507
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 Agency provided insufficient evidence to support its dismissal of a complaint, on the basis that Complainant was not an Agency employee, where the record that the Agency submitted contained only the EEO Counselor's Report, the Notice of Right to File a Discrimination Complaint, and the formal complaint; the Agency did not provide any contracts or affidavits from management officials regarding the day-to-day responsibilities and management of Complainant's position. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. Postal Service, EEOC Appeal No. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 2019005824 (Dec. 7. In the case of SandraMcConnell, et al. Bill A. v. Dep't of the Army, EEOC Appeal No. usps eeoc settlements 2020. boca beacon obituaries. 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) However, some of the funds were held back to ensure that all affected clerks would receive back pay. Jazmine F. v. Dep't of Justice, EEOC Appeal No. First, please know that we will continue fighting to get you the best possible award. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. In recent decades, the USPS has faced enormous funding cuts. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 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. information only on official, secure websites. Frances A. v. Dep't of Justice, EEOC Appeal No. After an appeal, complainant later requested the EEOC reopen her case. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 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. on 8/11/2022 Joint Employers in Permian Basin Retaliated. 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. Jess P. v. Dep't of Homeland Security, EEOC Appeal No. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. An official website of the United States government. 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. 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. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
Postal Service who was subjected to a hostile work environment for over three years and then removed. Will K. v. U.S. 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. 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. ) or https:// means youve safely connected to the .gov website. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 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. 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. A lock ( 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 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. 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. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. %PDF-1.6
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0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Velva B. v. United States Postal Service, EEOC Appeal Nos. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. IV. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf.
