usps eeoc settlements 2020
0120132211 (Apr. Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. "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. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. The government-wide average was 344 days. Carriers also risk injury from lifting heavy bins, squatting, repeatedly getting in and out of mail trucks, walking up and down stairs, and walking to deliver mail in inclement weather, putting them at greater risk for slips and falls as well as joint injuries. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. Postal Service, EEOC Appeal No. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. Equal Employment Opportunity Commission. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. 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. An Equal Employment Opportunity Commission (EEOC) administrative judge may suspend a hearing to allow the parties to settle a case and will accept a settlement to resolve the case at any time before a final decision is reached. Heidi B. v. Dep't of Health and Human Services, 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. 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) 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. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. She alleged that the USPS has subjected her to disability discrimination and harassment. The Postal Service has a comprehensive workplace violence program to identify, review, report, and address employee assaults nationwide. 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. If you have questions contact the EEOC at: 131 M Street, NE 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Barbara S. v. U.S. Lois G. v. Dep't of Veterans Affairs, EEOC Appeal No. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Share sensitive When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. 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. death spawn osrs. We will update the list periodically with the most recently issued decisions. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. 536 0 obj <>stream 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. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 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. Effective March 26, 2020, the Postal Service reissued its Memorandum of Policy (MOP) HR-03-26-2020-2, Postal Service Policy on Workplace Harassment (see page 1 and page 2 ). Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. 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. 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 . Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. Administrative Judge properly determined that, where Complainant (through a retainer agreement) was being provided legal services at a reduced rate based on public-interest-minded reasons, the proper hourly rate was the prevailing rate at the time of the fee petition rather than the historical rate at the time the work was performed. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. For Deaf/Hard of Hearing callers: Jennifer K. v. Dep't of the Navy, EEOC Appeal No. 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. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. The Administrative Judge properly awarded Complainant $3,000.00 in nonpecuniary compensatory damages where Complainant offered corroborative testimony from his family, friends, and colleagues; the AJ found that Complainant's testimony was not credible in some respects but was credible with respect to how the discrimination affected his family and work life; and the amount awarded was consistent with amounts awarded under similar circumstances. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. Workers allege that they were let go from their new positions when the USPS told them that there was not enough work in the new positions to keep the workers employed. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. 1-800-669-6820 (TTY) A .gov website belongs to an official government organization in the United States. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. 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. The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Disability (Physical); and (3) Age. 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. v. United States Postal Service anAJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. 2020005108 (Apr. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 1300 L Street NW Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 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. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. Jess P. v. Dep't of Homeland Security, EEOC Appeal No. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. Keri C. v. United States Postal Service, EEOC Appeal No. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. USPS asks that the EEOC simply take their word that all Class Members were properly notified . However, some of the funds were held back to ensure that all affected clerks would receive back pay. Salvatore K. v. Dep't of Justice, EEOC Appeal No. 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. I have plenty to say, but will hold my peace as it is very disturbing of what the Postal Service did not only to me, but to all Rehab or Injured employees at Van Nuys District. Cristen T. v. U.S. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. Here their was no support from the union. michael sandel justice course syllabus. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. Alesia P. v. Dep't of Justice, EEOC Appeal No. 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. Sharon S. v. Dep't of Defense, EEOC Appeal No. Velva B. v. United States Postal Service, 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. 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. 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. The Commission had previously found discrimination in EEOC Appeal No. 1-800-669-6820 (TTY) 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. Where there is an actionable third-party retaliation, both the employee who engaged in the protected activity and the third party who is subjected to the materially adverse action may state a claim. Moreover, some EEO complaints dated back as far as 2001. 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 0120160256 (Apr. The USPS now employs around 630,000 workers compared to 900,000 in 1999. Employee lawsuits are expensive. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. After an appeal, complainant later requested the EEOC reopen her case. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Substantial evidence supported the Administrative Judge's determination that the Agency retaliated against Complainant for protected EEO activity when it issued her a Letter of Counseling. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. No. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. 1-800-669-6820 (TTY) Secure .gov websites use HTTPS Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work Share sensitive The final ruling from the Equal Employment Opportunity Commission came more than 10 years after a former employee first filed a class complaint alleging USPS subjected employees to a "pattern. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. 1-800-669-6820 (TTY) Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. ) or https:// means youve safely connected to the .gov website. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. A transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process. 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. 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. 0120090062 (9/21/10). Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator's request for an affidavit or to provide other explanations for the official's alleged actions; an agency's legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence. 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 warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. But these new rules would impose additional requirements on the EEOC that . 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.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. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. 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. 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. 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. 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. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. 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. 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. That number includes both private sector and state and local . 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. Agency discriminated against Complainant on the bases of race and sex when her supervisor gave her a negative job reference that included unfounded critical statements about Complainant; evidence supported Complainant's assertion that supervisor did not want Complainant, a Hispanic woman, potentially to serve as the supervisor's superior. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. 2022_11_29_Ordr_Prdc_UntimelinessSprdsht_Redacted.pdf, Motion to Clarify or Supplement (11.15.22) (as filed)_Redacted.pdf, 2022 11-3 Order Following Conference_Redacted.pdf, Copyright United States Postal Service 2019. LockA locked padlock Washington, DC 20507 Sol W. v. Dep't of Defense, EEOC Appeal No. The government-wide average was 344 days. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. ) or https:// means youve safely connected to the .gov website. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Annalee D. v. General Services Administration, EEOC Request No. For Deaf/Hard of Hearing callers: 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt.