15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. 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. usps eeoc settlements 2020 - Pentagram.restaurant Mac O. v. United States Postal Service, EEOC Appeal No. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. but I was working at a Post office in the same county in 2015. Settlement Agreements for EEO Complaints - Office of Resolution If you have questions contact the EEOC at: 131 M Street, NE Agency failed to take prompt and effective action to address Complainant's claim of sexual harassment; a supervisor's fear of retaliation by his or her superior is an insufficient argument for failing to take action as a supervisor. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. Kristofer D. v. Dep't of the Army, EEOC Appeal No. A .gov website belongs to an official government organization in the United States. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Alena C. v. Dep't of State, EEOC Appeal No. 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. Share sensitive 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. Alonzo N. v. United States Postal Service, EEOC Appeal No. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. Kylee C. v. Dep't of the Army, EEOC Appeal No. Employee lawsuits are expensive. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. 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. The U.S. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Here their was no support from the union. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo 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. We thank you all for your continued patience with this process. Official websites use .gov 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. EEOC Summarizes Policies on Monetary Awards. 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. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. A lock ( For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 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) 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. 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@, Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. 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 . Lara G. v Postmaster General, EEOC Req. Your claim in this case is a personal asset. Supervisor engaged in per se reprisal when he told Complainant that her complaints about EEO issues were causing him extra work and stress, threatened her with termination, and labeled her as someone who does not work well with others because of her oral complaints about co-workers. hbbd```b``"WI~ You do what they say, not what they do. Their is no accountability in Michigan, so why would i be surprised !. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. She alleged the USPS had not complied with the EEOC order. Postal workers in the US and worldwide cannot allow their struggles to be trapped within the realm of the labor unions and capitalist parties any longer. Thersa E. v. U.S. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. Washington, DC 20507 1-800-669-6820 (TTY) The EEOC then awarded her an additional $10,000 in non-pecuniary damages. In the case of SandraMcConnell, et al. Substantial evidence supported Administrative Judge's determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period; the AJ found Complainant to be credible, the Agency's stated reason (that Complainant had an altercation with a bagger) was not believable, the evidence showed that those terminated during their probationary period were predominantly African-Americans, and a Caucasian employee who also had an altercation with the bagger did not receive any disciplinary action. 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. ) or https:// means youve safely connected to the .gov website. 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. 2019005682 (Apr. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. 0 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. Activision to pay $18 million settlement over workplace misconduct Pursuant to 29 C.F.R. It's Becoming Rarer for Federal Agencies and Employees to Settle Over Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 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? Reita M. v. Agency for International Development, EEOC Appeal No. She alleged that the USPS has subjected her to disability discrimination and harassment. Postal Workers Class Action EEOC Cases Against USPS Jazmine F. v. Dep't of Justice, EEOC Appeal No. In these districts, the Postal Inspection Service investigated 145 . 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. "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. Harriet M. v. Dep't of Defense, EEOC Appeal No. 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. Postal Service who was subjected to a hostile work environment for over three years and then removed. 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) 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. The Average Employee Lawsuit costs $250,000How Safe is your Company? There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 1 min read. 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. 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. Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. Ongoing Litigation and Settlements - US EEOC 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. The Commission lacks jurisdiction to consider appeals from Peace Corps volunteers and applicants, who have a separate EEO complaint process outside Commission jurisdiction; although Complainant filed her complaint against the State Department, it concerned a Peace Corps volunteer position over which the Commission did not have jurisdiction. I am a member of this class action. 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. The complainant worked at the United States Postal Service (USPS). 0120172604 (Apr. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. An official website of the United States government. 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. If you agree to settle a complaint based on one or more stipulations, these must be written down, agreed on, and signed both by you and a management designee. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Official websites use .gov 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. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. 1-800-669-6820 (TTY) 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Record was insufficient to determine whether Agency jointly employed Complainant where record did not contain the contract between the Agency and staffing firm, Complainant's position description, or any evidence regarding the day-to-day actions, duties, and responsibilities of Complainant's job. Find your nearest EEOC office usps eeoc settlements 2020 usps eeoc settlements 2020. ps4 controller trigger keeps activating. 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. 2020005108 (Apr. 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. 131 M Street, NE 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. v. United States Postal Service anAJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Sherrie M. v. U.S. 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. The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. In Hopes of Finally Settling Cases, EEOC Revises Process Agency discriminatorily denied Complainant's religious-accommodation request for an exemption from the requirement that employees carry a cannister of pepper spray where it was undisputed that Complainant, a chaplain, had a bona fide religious belief that prevented him from carrying the spray; Agency did not show that exempting one employee, out of approximately 300 employees, from the requirement would have been an undue hardship; and there was no evidence that Agency explored a lateral transfer to a different facility or any other alternative accommodation. The suit alleges that the USPS routinely harassed and discriminated against injured workers and refused to provide reasonable accommodations to workers who had become disabled as a result of their injuries. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Salvatore K. v. Dep't of Justice, EEOC Appeal No. 0120161068 (Mar. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. 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. 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. 0120170582 (Apr. Dickerson v. Potter He was a part of the 130000 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. The Agency erred in issuing a final action purporting to dismiss Complainant's complaint where the 15-day regulatory time frame to file a formal complaint had long since elapsed and no formal complaint had been filed. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. But these new rules would impose additional requirements on the EEOC that . Class members should expect to receive written notice concerning the claim procedure within the next month. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. 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. EEOC Scores, Despite a Tumultuous 2020: Key Takeaways for Employers 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. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Velva B. v. United States Postal Service, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone) Fiona H. v. Dep't of the Treasury, EEOC Appeal 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. Mr. Angel has represented federal employees, including USPS employees for nearly 15 years. 0120171405 (Mar. Barbara S. v. U.S. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. For questions or concerns please contact our offices: Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) Accuracy of Grievance Settlement Payments | Office of Inspector General OIG 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. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. Bill A. v. Dep't of the Army, EEOC Appeal No. Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. The Commission found that the Agency complied with the terms of a settlement agreement, including the provision of accepting a letter of resignation from Complainant. Postal Service, EEOC Appeal No. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 Padilla v. USPS, EEOC Appeal No. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits.
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