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 class action lawsuit brought before the Equal Employment Opportunity Commission (EEOC). Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Tanya P. v. United States Postal Service, EEOC Appeal No. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. Substantial evidence supported the Administrative Judge's finding that the Agency subjected Complainant to a hostile work environment based on age and in reprisal for protected EEO activity when she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. I have plenty to say, but will hold my peace as it is very disturbing of what the Postal Service did not only to me, but to all Rehab or Injured employees at Van Nuys District. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. 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. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. IV. USPS employee wins discrimination and harassment claim with the EEOC. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.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. 19), the U.S. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. 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. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Alesia P. v. Dep't of Justice, EEOC Appeal No. 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. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Elden R. v. Dep't of the Interior, EEOC Appeal No. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. Thus the Commission limited its award of attorney fees to $1,000 based on an hourly rate of $250 per hour rather than the requested amount of $5,094.73. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 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. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Colby S. v. Dep't of the Treasury, EEOC Appeal No. 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. Francine M. v. U.S. 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. ) or https:// means youve safely connected to the .gov website. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. 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. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. Workers allege that they were let go from their new positions when the USPS told them that there was not enough work in the new positions to keep the workers employed. 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. hb```,,K@( Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. 0120171405 (Mar. Sherrie M. v. U.S. 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) Velva B. v. United States Postal Service, EEOC Appeal Nos. 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. Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. Cox filed another EEO complaint of discrimination which is still pending. USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. The video game publisher Activision Blizzard said Monday that it would pay $18 million in a settlement with a federal employment agency that filed a . Washington, DC 20507 Deandre C. v. Equal Employment Opportunity Commission, 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. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 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. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. The plight of USPS workers bears striking similarities to the experience of workers at tech and logistics giant Amazon, owned by ultra-billionaire Jeff Bezos, who are routinely victimized, harassed, spied upon, fired and denied workers compensation for injuries suffered on the job. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. 0120172604 (Apr. We thank you all for your continued patience with this process. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The Commission had previously found discrimination in EEOC Appeal No. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Official websites use .gov Published Sept. 27, 2021 Updated Oct. 28, 2021. Cristen T. v. U.S. 2019002318 (Apr. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 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. He was a part of the 130000 Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. 0120170582 (Apr. The U.S. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 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. For Deaf/Hard of Hearing callers: 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Buck S. v. United States Postal Service, EEOC Appeal No. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. Miguelina S. v. Dep't of Justice, EEOC Request No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 information only on official, secure websites. The Administrative Judge properly awarded Complainant $3,000.00 in nonpecuniary compensatory damages where Complainant offered corroborative testimony from his family, friends, and colleagues; the AJ found that Complainant's testimony was not credible in some respects but was credible with respect to how the discrimination affected his family and work life; and the amount awarded was consistent with amounts awarded under similar circumstances. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. Secure .gov websites use HTTPS 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. Brenton W. v. Dep't of Justice, EEOC Appeal No. 0120132211 (Apr. The USPS now employs around 630,000 workers compared to 900,000 in 1999. A lock ( Zonia C. v. Dep't of Justice, EEOC Appeal No. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. 1614.302(b), when an individual appeals the agency's processing of a mixed-case complaint to the MSPB and the MSPB dismisses the appeal for lack of jurisdiction, the agency should issue a notice under 29 C.F.R. 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. 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. The Administrative Judge erred when, in the absence of an order, he sanctioned the Agency for its failure to complete the EEO investigation in a timely manner by issuing a default judgment in favor of Complainant. A .gov website belongs to an official government organization in the United States. The government-wide average was 344 days. The US Postal Department had been a cabinet department of the executive branch since 1872. 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. 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. info@eeoc.gov 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. Ashlee P. v. Social Security Administration, EEOC Appeal No. USPS' average time for completing an investigation was 113 days. Just 47% of initial appeals before the Merit Systems Protection Boardthe quasi-judicial agency tasked with ensuring agencies follow civil service laws in their disciplinary actions and other . 2019005682 (Apr. An average out of court settlement is about $40,000. 2020001154 (Apr. 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. 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. 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. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. Kylee C. v. Dep't of the Army, EEOC Appeal No. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. 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. 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@, The Administrative Judge properly reduced Complainant's attorney's fees and costs by 40 percent where Complainant prevailed on only one of his five retaliation claims, the successful claim was not so inextricably intertwined with the unsuccessful claims that Complainant would be entitled to an award of full attorney's fees, the case did not present novel issues, and the fee petition contained numerous instances that might be considered excessive, duplicative, or unreasonable time expended. 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. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.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. Can I be reinstated to my USPS job now while this relief process is ongoing? At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. 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. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts.
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