endstream endobj 512 0 obj <. First time EEO efile user? Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Postal Service, EEOC Appeal No. Find your nearest EEOC office Cox filed another EEO complaint of discrimination which is still pending. Equal Employment Opportunity Commission (EEOC) discrimination allegations. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. Their is no accountability in Michigan, so why would i be surprised !. In the case of Sandra McConnell, et al. Ongoing Litigation and Settlements - US EEOC (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. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. It is not an effective accommodation to require an employee with a disability to take leave when another accommodation would enable the employee to continue working, and it is not the agency's role to dictate what type of assistive or monitoring device the employee uses. The Agency, which first denied Complainant's request for an ergonomically correct chair and then provided her with a chair that did not fit her needs, denied Complainant a reasonable accommodation; the Agency should have worked with Complainant to conduct an individualized ergonomic assessment that would have determined her specific needs. 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. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 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. 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. The US Postal Department had been a cabinet department of the executive branch since 1872. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. In the case of SandraMcConnell, et al. Agency violated the Rehabilitation Act when it placed Complainant's private medical documents in his Employee Work Folder, a non-medical work file. Hostile Work Environment & Discrimination Settlements 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. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. 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. 1-844-234-5122 (ASL Video Phone) The same year, several media outlets began to speculate that the USPS was going out of business. All workers here quit, retired, or were fired. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. usps eeoc settlements 2020. boca beacon obituaries. 511 0 obj <> endobj The class action lawsuit was filed on behalf of 41,000 past and current USPS workers whose hours may have been restricted because of permanent disabilities from 2000-2012. Edward W. v. Social Security Admin., EEOC Appeal No. 0120132211 (Apr. 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. Jess P. v. Dep't of Homeland Security, EEOC Appeal No. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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, Selected Noteworthy Federal Sector Appellate Decisions. 131 M Street, NE Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. Postal Service, EEOC Appeal No. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. 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. Agency was not joint employer of Complainant where it did not have sufficient control over Software Engineer in laboratories operated by staffing firm on Agency premises; deciding whether to pay for projects that Complainant proposed was not equivalent to assigning and managing his work. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. "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 settlement provided that USPS will pay, in full settlement of all claims in this Case: The total sum of three-million-eight-hundred-fifty-thousand-dollars ($3,850,000) Fiona H. v. Dep't of the Treasury, EEOC Appeal No. Kirk J. Angel is an employment attorney representing federal employees. We will update the list periodically with the most recently issued decisions. She alleged discrimination based on race, national origin, and sex. Bertram K. v. Dep't of Justice, EEOC Appeal No. Reita M. v. Agency for International Development, EEOC Appeal No. 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. 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. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. 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. 0120162040 (Apr. Postal Service, EEOC Appeal No. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. Within the Office of Workers' Compensation Programs (OWCP), the Division of Federal Employees' Compensation (DFEC) is responsible for processing claims filed by Postal Service employees. Rochelle F. v. United States Postal Service, EEOC Appeal No. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. 2020002285 (Apr. hb```,,K@( Norbert K. v. Dep't of State, EEOC Appeal No. It is by no accident that our craft is taking positive strides. 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). Complainant established that she was subjected to a hostile work environment because of her sex where a coworker made several offensive comments to her about her sexual orientation, including "you need a man in your life" and "I do not think same sex couples should be allowed to get married"; Complainant asserted that the comments occurred on a weekly basis, and other coworkers corroborated that the comments occurred. 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. 0120180568 (Apr. Activision to pay $18 million settlement over workplace misconduct 2020005108 (Apr. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. 48-1 40-0062-06, the final agency decision (FAD) issued in connection USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. 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). It's Becoming Rarer for Federal Agencies and Employees to Settle Over On September 1, 2022 Arbitrator Joseph M. Sharnoff issued his latest national-level RI-399 award, this one concerning the Automated Delivery Unit Sorter (ADUS). 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. You do what they say, not what they do. The complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. 1-800-669-6820 (TTY) 2019005824 (Dec. 7. An official website of the United States government. Your claim in this case is a personal asset. Settling a Complaint - USPS 2019002318 (Apr. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. No. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo Due to the increasing use of email and the internet for correspondence and document delivery, the volume of first-class mail processed by the USPS declined by 43 percent in 2017 from its peak in 2001. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. Postal Service Workplace Violence Program - USPS Office of Inspector LockA locked padlock 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. workers that this case involved. 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. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. 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. 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. Alena C. v. Dep't of State, EEOC Appeal No. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. 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. 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. USPS' average time for completing an investigation was 113 days. 1-800-669-6820 (TTY) 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. Harriet M. v. Dep't of Defense, 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. 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.

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