usps eeoc settlements 2020

In these districts, the Postal Inspection Service investigated 145 . 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? The lawsuit also alleges that workers were fired after being moved to less physically demanding jobs, even if they provided written instructions to human resources from medical professionals restricting the type of work they were able to safely perform with their conditions. A .gov website belongs to an official government organization in the United States. The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. 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. According to the Commission, there was evidence of at least five incidents over a one year period where the agency failed to accommodate complainant's hearing impairment. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. I am a member of this class action. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. Unfortunately, some of our clients in this case have passed away. Secure .gov websites use HTTPS Annalee D. v. General Services Administration, EEOC Request No. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. Sol W. v. Dep't of Defense, EEOC Appeal No. Agency's final decisions on disputed claims for individual relief were premature because an Administrative Judge retains jurisdiction and is responsible for resolving disputed claims for individual relief. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. 0120180736 (Aug. 30. USPS has taken steps, and described . Postal Service, EEOC Appeal No. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Kirk J. Angel is an employment attorney representing federal employees. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. Silas T. v. Dep't of the Air Force, EEOC Appeal No. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. 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. American Postal Workers Union, AFL-CIO Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. Ramon L. v. Dep't of Justice, EEOC Appeal No. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 1 min read. For complaint closures with monetary benefits, the averageawardwas$9,418. He was a part of the 130000 The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. Norbert K. v. Dep't of State, EEOC Appeal No. Rochelle F. v. United States Postal Service, 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. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. Moreover, some EEO complaints dated back as far as 2001. Federal Legal Cases Filed by Postal Employees from PostalReporter.com 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No. The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. A lock ( The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. 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. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. The Commission declined to review the award of $54,403.80 for reimbursement of Padillas withdrawal of funds from his Thrift Savings Plan account to support himself following his removal as neither party challenged this award on appeal. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. 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. A lock ( 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) 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. Lara G. v. United States Postal Service, EEOC Request No. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. For our clients, please provide your updated contact information to us. 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. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. 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. 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. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. Eura B. v. Consumer Financial Protection Bureau, 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. 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. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. Bill A. v. Dep't of the Army, EEOC Appeal No. Calvin D. v. Dep't of the Army, EEOC Petition No. Pursuant to 29 C.F.R. The NRP was utilized by the USPS from 20062011. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. If you have questions contact the EEOC at: 131 M Street, NE Ashlee P. v. Social Security Administration, EEOC Appeal No. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. Employers paid $439M to resolve EEOC discrimination claims in 2020 Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. USPS employee wins discrimination and harassment claim with the EEOC "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. 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 EEOC then awarded her an additional $10,000 in non-pecuniary damages. USPS EEOC Retaliation - McCready Law The settlement directed the Postal Service to pay $44.8 million directly to clerks and establish an escrow of $11.2 million to be disbursed in a manner determined by the union. Equal Employment Opportunity Commission (EEOC) discrimination allegations. The EEOC notes that this is the highest amount in 16 years. 536 0 obj <>stream 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. man who worked for them at the Ionia Post Office. usps eeoc settlements 2020 - Mathtutorweeks.com 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. I wish i could say that this the full loss to the workers, Agency violated the Rehabilitation Act when it did not provide Complainant with adequate equipment and unreasonably delayed the provision of assistive technology, software, and training to support her accommodation of full-time telework; performance counseling memorandum and placement on performance improvement plan for performance issues directly resulted from Agency's failure to provide Complainant with adequate technologies required to telework effectively. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. For Deaf/Hard of Hearing callers: 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. PEN Resources foir Postal Employees 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. Case remanded to Agency for further investigation of Complainant's harassment claims where record was devoid of any evidence that Complainant's co-workers, including the alleged harasser, were interviewed during the investigation. Arnoldo P. v. United States Postal Service, EEOC Appeal No. For Deaf/Hard of Hearing callers: 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. Keri C. v. United States Postal Service, 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. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 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. Padilla v. USPS, EEOC Appeal No. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. Dickerson v. Potter endstream endobj startxref USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. Administrative Judge properly ordered Agency to stop issuing cease-and-desist letters to employees who have reported discrimination, absent clear, documented evidence of some conduct (other than reporting discrimination) that the Agency reasonably concludes would warrant discipline in the absence of the employee's protected activity; issuing Complainant a cease-and-desist letter gave the appearance that Complainant, who complained of ongoing racial and sexual harassment, was just as culpable as her harasser. 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. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Harriet M. v. Dep't of Defense, EEOC Appeal No. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. 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. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Share sensitive 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. Postal Service who was subjected to a hostile work environment for over three years and then removed. Miguelina S. v. Dep't of Justice, EEOC Request No. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. Kristofer D. v. Dep't of the Army, EEOC Appeal No. Thersa E. v. U.S. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. 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. Arbitration Awards & Settlements | American Postal Workers Union 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. Substantial evidence supported Administrative Judge's finding that Agency discriminated against Complainant on the bases of race (African American) and sex (male) when it terminated his employment for alleged insubordination and misconduct; AJ found that evidence substantiated Complainant's perception that supervisor regarded him as a "big, Black man" and racially stereotyped his behavior as aggressive and intimidating. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. %PDF-1.6 % Hostile Work Environment & Discrimination Settlements info@eeoc.gov Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. Agency did not show that employment of Complainant in Deportation Officer position would pose a direct threat where Medical Review Board made a blanket determination that Complainants medication created a potential risk of injury while performing Deportation Officers duties, but the Board ignored his work history in a similarly strenuous law enforcement position and discounted the opinion of his cardiologist. EEOC Scores, Despite a Tumultuous 2020: Key Takeaways for Employers 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. 1-844-234-5122 (ASL Video Phone) 511 0 obj <> endobj 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. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. USPS employee wins discrimination and harassment claim with the EEOC.

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