Copyright 2023 The Angel Law Firm, PLLC. The U.S. USPS Class Action Claims | Home USPS employee claims of discrimination and retaliation not sufficiently First, please know that we will continue fighting to get you the best possible award. 0120161068 (Mar. info@eeoc.gov According to the US Labor Department, postal workers accounted for only one-fifth of all federal employees in 2019, yet were disproportionately injured on the job, experiencing half of all workplace illness and injuries among federal employees. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. USPS workers have had their jobs and living standards under attack since the 1970s as a massive shift of wealth from the working class to the corporate ruling class was underway. 529 0 obj <>/Filter/FlateDecode/ID[<1FB7EE72CCD9854B90DCFC8A33497EB8><1B534663FC186A42AEFC8BA0152CE4CF>]/Index[511 26]/Info 510 0 R/Length 94/Prev 400457/Root 512 0 R/Size 537/Type/XRef/W[1 3 1]>>stream 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. All rights reserved. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work 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. 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. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. Allegations of retaliation by IRS Examiner and Taxpayer Advocate properly dismissed for failure to state a claim where actions at issue occurred to Complainant as a taxpayer, not as a former employee, and allegations constituted a collateral attack on the tax adjudication process. workers that this case involved. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. EMS workers punished for media interviews in NYC settle suit Employers paid more than $439 million to resolve U.S. 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@, Ruben T. v. Dep't of Justice, EEOC Appeal No. The lies to protect themselves is mind boggling. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. 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. 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. 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. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. Bart M. v. Dep't of the Interior, EEOC Appeal No. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. January 17, 2020 - Status Update - Pittman Settlement Letters. 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. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. 1-800-669-6820 (TTY) Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. hb```,,K@( 1-800-669-6820 (TTY) 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. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. In the case of Sandra McConnell, et al. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. Padilla v. USPS, EEOC Appeal No. . 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Secure .gov websites use HTTPS 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 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. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.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. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. Washington, DC 20507 The Agency subjected Complainant to adverse treatment based on protected EEO activity when the office director informed Complainant's detail supervisor that Complainant was engaged in settlement discussions for an EEO complaint. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. The Agency did not overcome Complainant's prima facie case of sex discrimination where the Agency explained the general mechanics of the selection process for a Lead Transportation Security Officer position but did not provide a specific, individualized explanation for why Complainant was not chosen for the position. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. endstream endobj 512 0 obj <. 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. Official websites use .gov 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. Can I be reinstated to my USPS job now while this relief process is ongoing? In 2020, amid monthslong . According to the USPS' own written policy, "managers and supervisors are responsible for preventing harassment and inappropriate behavior could lead to illegal harassment and must respond. PDF EEOC Awards of Emotional Distress Damages Over $100,000 PDF What You Need to Know Abouteeo - Usps The same year, several media outlets began to speculate that the USPS was going out of business. Administrative Judge properly sanctioned Complainant, by cancelling the hearing and remanding the complaint to the Agency for a final decision, when Complainant failed to abide by the AJ's order to remove video depositions of management officials from YouTube and to provide written confirmation that he had done so. ) or https:// means youve safely connected to the .gov website. hbbd```b``"WI~ Jess P. v. Dep't of Homeland Security, EEOC Appeal No. Calvin D. v. Dep't of the Army, EEOC Petition No. USPS reissues it's Workplace Harassment and EEO Policy statements 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. 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. Agency discriminated against Complainant based on disability when it denied her request for leave without pay and charged her with being absent without leave; agencies may need to modify general leave policies when providing reasonable accommodations. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Alline B. v. Social Security Administration, EEOC Appeal No. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. EEOC Scores, Despite a Tumultuous 2020: Key Takeaways for Employers We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. A lock ( LockA locked padlock 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Lara G. v Postmaster General, EEOC Req. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. Arnoldo P. v. United States Postal Service, EEOC Appeal No. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. A .gov website belongs to an official government organization in the United States. 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. EEOC Summarizes Policies on Monetary Awards - FEDweek Cristen T. v. U.S. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. 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. First time EEO efile user? Malinda F. v. Dep't of the Air Force, EEOC Appeal No. Velva B. v. United States Postal Service, EEOC Appeal Nos. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. 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. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. 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 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. Equal Employment Opportunity Commission (EEOC) You can obtain complete copies of the EEO laws and 29 CFR 1614 on the Internet at www.eeoc.gov. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. man who worked for them at the Ionia Post Office. Assuming that Complainant established that he was subjected to sexual harassment because of his sex/sexual orientation, the decision found that the Agency was not liable for the alleged harassment because management began an investigation immediately after Complainant reported a coworker's comments, an EEO Counselor spoke to employees about EEO guidelines at a meeting, a Power Point on sexual harassment was presented at a group meeting, an Agency official spoke to the group about the matter, the union president was made available for counseling, the coworker received a letter of reprimand regarding her comments, and there was no evidence that the coworker made any comments about Complainant's sexual orientation after he reported the matter to management. death spawn osrs. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 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) However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. If you are a federal employee or a USPS employee, you can set a consultation via our website at: http://www.theangellawfirm.com You can get a free consultation (15 minutes) or paid consultation for upto a full one hour. 2019002318 (Apr. She alleged discrimination based on race, national origin, and sex. Ongoing Litigation and Settlements Print Email Share Ongoing Litigation and Settlements The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. American Postal Workers Union, AFL-CIO A .gov website belongs to an official government organization in the United States. The USPS is an independent agency of the federal government that receives no tax dollars, and is the second-largest employer in the US behind Walmart. 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. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. 0120171406 (Mar. Moreover, some EEO complaints dated back as far as 2001. You do what they say, not what they do. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. 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. 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. In these districts, the Postal Inspection Service investigated 145 . 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.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. Kirk J. Angel is an employment attorney representing federal employees. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. No. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. Pay differential was based on a factor other than sex where male comparator was hired one year after complainants were hired, a different management official evaluated his application under different circumstances, and the different grade classifications were due to a difference in professional judgment by the evaluating officials. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. That number includes both private sector and state and local . 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. 1995)("comparability of awards must be adjusted for the changing value of money over at 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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. An official website of the United States government. Postal Service who was subjected to a hostile work environment for over three years and then removed.