usps eeoc settlements 2020

0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. USPS worker sues for sexual harassment and retaliation Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. The AJ certification decision recited evidence that the goal of NRP was to assign work to employees who had an approved compensable injury as determined by the Department of Labor. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. Lawsuit reveals that nearly 44,000 US Postal Service workers have been The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. 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. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. Equal Employment Opportunity Commission. 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. 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. Velva B. v. United States Postal Service, EEOC Appeal No. 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@, 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. Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. 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. The Postal Service has a comprehensive workplace violence program to identify, review, report, and address employee assaults nationwide. 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. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. It's Becoming Rarer for Federal Agencies and Employees to Settle Over Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. PEN Resources foir Postal Employees Home | NRP Class Action Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. This resulted in an award of $15,000 in non-pecuniary damages as the agency claimed that Padilla had not experienced any long-term mental or physical illness nor any emotional harm. Secure .gov websites use HTTPS The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. 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) Update: McConnell vs USPS NRP EEOC Class Action Lawsuit, nrpclassaction@theemploymentattorneys.com, Syracuse NY Postal Carrier Charged with Discarding Mail, Kubayanda Resumes Role as Postal Regulatory Commission Chairman, Florida Postal Clerk Sentenced To Prison For Stealing Mail, Passport Applications To Commit Bank Fraud, Nebraska man gets prison for impersonating USPS Postal Inspector, U.S. 2019005682 (Apr. Share sensitive Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. Irina T. v. Dep't of Veterans Affairs, EEOC Appeal No. Heidi B. v. United States Postal Service, EEOC Appeal No. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. 536 0 obj <>stream 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. In our continuing commitment to require postal managements compliance with the August 2016 arbitration decision rendered by national arbitrator Shyam (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. USPS EEOC Retaliation - McCready Law 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. 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. information only on official, secure websites. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Dickerson v. Potter Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Texas mail carrier wins $250,000 in discrimination lawsuit Robin H. v. Environmental Protection Agency, EEOC Appeal No. Washington DC 20005. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. USPS has taken steps, and described . 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 The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a class action lawsuit brought before the Equal Employment Opportunity Commission (EEOC). Keri C. v. United States Postal Service, EEOC Appeal No. 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. 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. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. 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. 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. Lara G. v. United States Postal Service, EEOC Request No. 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. PDF Front page | U.S. Department of the Treasury Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. 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. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. 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. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. v. United States Postal Service an AJ decision certified the following class: 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. Particularly useful are their publications "Questions and Answers About . michael sandel justice course syllabus. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. EEOC: McConnell v. USPS - Final Agency Decision Vacated 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. usps eeoc settlements 2020. boca beacon obituaries. The appellate decision modified an Administrative Judge's order requiring the Agency to post a notice to employees at facilities other than where the discriminatory conduct occurred because the AJ did not provide a justification for ordering the wider distribution. 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. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Thomasina B. v. Dep't of Justice, EEOC Appeal No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data Tanya P. v. United States Postal Service, EEOC Appeal No. usps eeoc settlements 2020 - Pentagram.restaurant Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. 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. Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work A lock ( 511 0 obj <> endobj 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. 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. 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. Francine M. v. U.S. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. 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. 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. 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. 48-1 40-0062-06, the final agency decision (FAD) issued in connection The plight of USPS workers bears striking similarities to the experience of workers at tech and logistics giant Amazon, owned by ultra-billionaire Jeff Bezos, who are routinely victimized, harassed, spied upon, fired and denied workers compensation for injuries suffered on the job. USPS employee wins discrimination and harassment claim with the EEOC. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 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, Decision to File Complaint Pending at End of Fiscal Year, Completed/Ended Counselings/Complaint Closures, All Pre-Complaint Counselings (minus remands). In 2021, we reported that non-career employees' turnover and injury rates were higher than career rates, both before and after we controlled for numerous factors such as employee tenure. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. 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. January 17, 2020 - Status Update - Pittman Settlement Letters. 0120180736 (Aug. 30. 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. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. The NRP was utilized by the USPS from 20062011. usps eeoc settlements 2020 - Mathtutorweeks.com Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. Complainant's request for default judgment granted where Agency began its investigation only after Complainant requested a hearing before an Administrative Judge and provided no explanation for its failure to investigate complaint in a timely manner; because the record did not establish a prima facie case of disparate treatment, a claim of harassment, or a prima facie case of compensation discrimination, Complainant was not entitled to individual relief. 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. If you want to win your retaliation case, don't be a donkey. - Constangy 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. Dismissal of hearing request not warranted where any problems concerning the adequacy of Complainant's discovery responses could have been cured well before the discovery period ended, failure to issue a show-cause order deprived Complainant of the opportunity to respond to Agency's motions for sanctions, and Commission could not independently assess adequacy of Complainant's responses to Agency's discovery requests because the requests and responses were missing from the record. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. Jazmine F. v. Dep't of Justice, EEOC Appeal No. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. Official websites use .gov We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. 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. 0 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. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Washington, DC 20507 The AJ took account of several factors that limited Complainants non-pecuniary damages award, found that the Agency was not the sole cause of Complainants emotional and psychological harm, and limited the award of pecuniary damages to the amounts contained in "legitimate receipts.". 2020001154 (Apr. 1-800-669-6820 (TTY) man who worked for them at the Ionia Post Office. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. 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. 2019002318 (Apr. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. 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. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC Employers paid $439M to resolve EEOC discrimination claims in 2020 Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. 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. on 8/11/2022 Joint Employers in Permian Basin Retaliated. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Agency discriminated against Complainant on the basis of disability when his managers did not allow him to take a polygraph examination, which was required for his position, where there was no reason to believe that his multiple sclerosis and medication would affect the validity of the polygraph result. 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. Applying Bostock v. Clayton County, 140 S. Ct. 1831 (2020), the Commission found that the agency discriminated against complainant on the basis of sexual orientation when it did not select him for any of three supervisory positions; complainant established that the agency's proffered explanation was pretextual.