Published Sept. 27, 2021 Updated Oct. 28, 2021. 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. 0120180137 (Apr. Alena C. v. Dep't of State, EEOC Appeal No. Mr. Angel has represented federal employees, including USPS employees for nearly 15 years. I am a member of this class action. 2019001961 (Sept. 21, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001961.pdf. An official website of the United States government. Activision to pay $18 million settlement over workplace misconduct 8403 Colesville RoadSuite 1000Silver Spring, MD 20910, 610 South Ninth StreetLas Vegas, NV 89101, 2023 Gilbert Employment Law, P.C. The Average Employee Lawsuit costs $250,000How Safe is your Company? We will update the list periodically with the most recently issued decisions. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 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. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. Velva B. v. United States Postal Service, EEOC Appeal No. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. American Postal Workers Union, AFL-CIO Of the 5,659 complaints filed at USPS, 1,283 contained allegations of race (Black/African American) discrimination, 570 contained allegations of race (White) discrimination, 128 contained allegations of race (Asian) discrimination, 17 contained allegations of race (American Indian/Alaska Native) discrimination, 757 contained allegations of color discrimination and 2,533 contained allegations of disability discrimination. 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. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. 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. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. 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. APWU - Second Round of Payments for POStPlan Staffing Heidi B. v. United States Postal Service, EEOC Appeal No. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Particularly useful are their publications "Questions and Answers About . 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. 520-2008-00053X; Agency Case No. LockA locked padlock 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. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. EEOC: McConnell v. USPS - Final Agency Decision Vacated Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. 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. 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. 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. Postal Service, EEOC Appeal No. All rights reserved. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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. o o O o O o o O o o O N CD o o o o o o o o o o o > cra 0 o CD < O o o o . In these districts, the Postal Inspection Service investigated 145 . Please know that we are fighting for you, just as we have done for over 10 years. Complainant stated a viable claim of harassment based on race and national origin where Complainant alleged that subordinate disparaged Chinese immigrants, mocked Complainant's language and communication skills, insinuated that Complainant was un-American, and interfered with work performance. 0120160256 (Apr. Published: July 20, 2016. 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. EEOC Summarizes Policies on Monetary Awards. Republican President Donald Trump has unleashed new threats to privatize the USPS in recent years, against which thousands of postal workers in cities across the US protested in 2018. Postal Service, EEOC Appeal No. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. 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. This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. Postal Workers Class Action EEOC Cases Against USPS 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. 511 0 obj <> endobj Employers paid more than $439 million to resolve U.S. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. No. 1-844-234-5122 (ASL Video Phone) This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. The EEOC in making its award of $165,000 in compensatory damages noted that Padilla had asserted that he had both emotional and physical suffering since his termination, lost custody of his daughter, hasnt been able to see his daughter since his former wife and daughter relocated, lost friendships, has slept in his car and frequently didnt have any food. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. For complaint closures with monetary benefits, the averageawardwas$9,418. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. Injury Compensation (OWCP) | American Postal Workers Union 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. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Kristofer D. v. Dep't of the Army, EEOC Appeal No. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. Padilla v. USPS, EEOC Appeal No. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. 1 min read. Thomasina B. v. Dep't of Justice, EEOC Appeal No. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. 0520130618 (June 9, 2017) citing thEEOC V. AIC Security Investigations, Inc. 55 F.3d 1276 at 1286 (7 Cir. Barbara S. v. U.S. 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. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. Elbert H. v. Dep't of Justice, EEOC Appeal No. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. 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. The program sought to significantly cut labor costs for USPS, which faced increasing operating costs from fuel price increases, decreasing revenue from reductions in the use of priority services like first-class mail, as well as increasing competition for the delivery of packages and urgent mail from giant logistics corporations like UPS and FedEx. Complainant did not establish an Equal Pay Act violation where he and his female comparator performed substantially different jobs in two different locations, they were supervised under different management chains, the female comparator used more complex technology, and she had been paid at a higher level prior to receiving a lateral transfer. 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. The EEOC concluded that the employee demonstrated that the Postal Service reasons for its actions were more than likely a pretext for reprisal discrimination and that the award of $40,000 was consistent with the amounts awarded in similar cases. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. Silas T. v. Dep't of the Air Force, EEOC Appeal No. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. Complainant not entitled to personal relief for discriminatory non-selection where substantial evidence of record supported Administrative Judge's conclusion that Agency canceled the selection process because of a violation of the collective bargaining agreement and would not have selected Complainant for the position absent the discrimination. 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. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. Postal Service Workplace Violence Program - USPS Office of Inspector Joan S. v. Dep't of Homeland Security, EEOC Appeal No. After an appeal, complainant later requested the EEOC reopen her case. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. Letter of Caution's reference to an EEO settlement and Complainant's claim of discrimination constituted per se reprisal; references to Complainant's EEO activity in a disciplinary context could reasonably have a chilling effect on the use of the EEO complaint process. 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. 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. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. 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. Share sensitive 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. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. U.S. Postal Service (USPS) - US EEOC 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. Employers paid $439M to resolve EEOC discrimination claims in 2020 131 M Street, NE The lies to protect themselves is mind boggling. January 17, 2020 - Status Update - Pittman Settlement Letters.