0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. The complainant worked at the United States Postal Service (USPS). Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. Agency erroneously dismissed complaint for failure to cooperate; the name of the alleged discriminating official and the time frame during which the alleged discrimination occurred constituted sufficient information for the Agency to complete its investigation without an affidavit from Complainant. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. Moreover, some EEO complaints dated back as far as 2001. o o O o O o o O o o O N CD o o o o o o o o o o o > cra 0 o CD < O o o o . The grievances expressed in the lawsuit are the result of the subordination of the US Postal Service to the relentless demands of the capitalist profit system in which it operates, and these conditions cannot be eliminated for all workers through the capitalist legal system. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. USPS has taken steps, and described . 1-800-669-6820 (TTY) 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. 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. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. The Cost to your Company. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. January 17, 2020 - Status Update - Pittman Settlement Letters. 2019002318 (Apr. Heidi B. v. United States Postal Service, EEOC Appeal No. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. The reduction in attorney fees indicates the importance of a timely submitted detailed fee petition for attorney fees and expenses, including a printout of the time and costs incurred, the services rendered, and a sworn affidavit setting forth justification for the attorneys requested hourly rate(s), fees and costs. USPS' average time for completing an investigation was 113 days. Find your nearest EEOC office You benefit from having control of the process, since you authorize access to your information. Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. 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. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. Serita B. v. Dep't of the Army, EEOC Appeal No. In the case of Sandra McConnell, et al. 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 ). 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. The Commission had previously found discrimination in EEOC Appeal No. An official website of the United States government. Norbert K. v. Dep't of State, EEOC Appeal No. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, EEOC Awards $165,000 in Compensatory Damages, Adverse Action Not Permitted for Use of Approved Leave, Adverse Inference for Failure to Produce Documents, Agency Liable for Actions of Subordinate Employee, Agency Rationale Found to Be Pretext for Bias, Arbitral Review of Adverse Actions, Part 1, Attorney Fees Awarded Where Penalty Mitigated, Award Increased in Discrimination Finding, Benefit of Doubt when Representing Oneself, Board Clarifies Jurisdiction for Disabled Veterans, Career Intern Program Violates Veterans Preference, Claim against Agency by IPA Employee Allowed, Claim for Damages and Fees Gets Second Look, Complainants Role in EEO Investigation Part 2, Constructive Notice Bars Summary Judgment, Court Finds No Adverse Employment Action or Reprisal, Court Remands Case for Review of Suggestion Award, Court Rules Against Former Spouse Survivor Annuity, Definition of Disability under the Rehabilitation Act, Disability Discrimination by State Department, Disability Retirement and Discrimination Claims, Discrimination Due to Age, Union Activities, EEO Representative Has Viable Claim of Retaliation, EEOC Awards Substantial Compensatory Damages, EEOC Denies Agencys Request for Reconsideration, EEOC Sustains Discrimination Claim of FAA Employee, Employee Not Entitled to Accommodation for Spouse, Employee Wins at EEOC after Decade-Long Fight, Equal Pay Act Plaintiffs Must Prove Sex Discrimination, Failure to Comply with Law Judges Orders, Failure to Reassign Violates Rehabilitation Act, FEGLI Beneficiary Designation Trumps State Law, Genetic Information Nondiscrimination, Part 1, Genetic Information Nondiscrimination, Part 2, Going Straight to Court with EEO Complaint, Harassment Based on Perceived Sexual Orientation, Hearing Ordered in Involuntary Resignation Case, Hostile Work Environment and Compensation Claims, Hostile Work Environment Harassment Based on Gender, Importance of Impartial Investigations Stressed, Jurisdiction Argument after Delay in Appeal, Lateral Transfer Can be Adverse Job Action, Mixed Motives in Age Discrimination Cases, Modification of Work Schedule as Reasonable Accommodation, MSPB Applies Ruling Limiting Appeal Rights, MSPB Jurisdiction Over Newer FAA Employees, MSPB May Review OPM Suitability Determinations, MSPB Mitigates Penalty for Hatch Act Violation, MSPB Upholds Former Park Police Chiefs Removal, MSPB Upholds Removal for False Medal Claim, New Decision on Management-Directed Reassignment, NSPS Cant Impose New Probationary Period, Performance Improvement Plan Not an Adverse Action, Physician Protected Under Whistleblower Law, Pre-Enactment USERRA Jurisdiction Affirmed By Federal Circuit, Protections for Legislative Branch Employees, Reassignment of Harassment Victim Reversed, Recommended Changes to EEOC Regulations and Procedures, Resignation Reversed Due to Misinformation, Retaliation Not Covered in Age Discrimination Case, Revocation of Accommodation may be Discriminatory, Sleep Impairment a Disability Under Rehabilitation Act, Suit against Manager in Personal Capacity, Supervisors Comments Could Have Chilling Effect, Supporting a Hostile Work Environment Claim, Supreme Court Rejects Challenge to Cats Paw Theory, Supreme Court Simplifies Mixed Case Appeals, Survivor Lacks Standing to Bring EEO Claim, Telecommuting as Reasonable Accommodation, Temporary Demotion States Cause of Action, Threat of Discipline Found to be Reprisal, Tolling of Deadlines for Filing Veterans Preference Complaints, TSA Not Immune To Rehabilitation Act Claims, TSA Screener Applicants Exempt from Rehabilitation Act, U.S. District Court Denies Summary Judgment, Unionists Access to Agency System Upheld, Untimely Disability Retirement Application, Whistleblower Compensation Provision Not Retroactive, Whistleblower Legislation Advances in Congress, Whistleblower Reprisal Found, Relief Ordered. 0120162040 (Apr. Bill A. v. Dep't of the Army, EEOC Appeal No. Share sensitive USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. 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. 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. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. 0120090062 (9/21/10). A .gov website belongs to an official government organization in the United States. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. 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. usps eeoc settlements 2020. boca beacon obituaries. Equal Employment Opportunity Commission (EEOC) discrimination allegations. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. Velva B. v. United States Postal Service, EEOC Appeal No. The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Disability (Physical); and (3) Age. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Workers in the class action suit claim that this is false and that other workers had to speed up to cover their heavy workloads after they were fired. 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. A lock ( 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. Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. 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. Darin B. v. Office of Personnel Management, EEOC Appeal No. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint. Where Agency failed to provide evidence of its compliance with Commission's orders, and its refusal to report on its compliance appeared to be part of an ongoing pattern of similar failures, Agency was ordered to provide an analysis of its Fiscal Year 2018-2019 reporting on compliance with EEOC orders and a detailed action plan setting forth how the problems identified in its analysis will be corrected. 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.". 1-800-669-6820 (TTY) 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. Neither did the unions make any effort to unite USPS workers with their class brothers and sisters across the border during the 2018 strike of 50,000 Canadian postal workers, who were also fighting against a brutal profit-driven work regimen where real wages had fallen and understaffing led to speedup and heavy workloads that caused an accident rate among postal workers to be five times that of the average rate for federally regulated industries. All rights reserved. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. It is like living in a country, run by a dictator. Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. The lies to protect themselves is mind boggling. For complaint closures with monetary benefits, the averageawardwas$9,418. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. 2019005957 (Apr. Robin H. v. Environmental Protection Agency, EEOC Appeal No. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . 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. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.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) 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. Ross R. v. Dept of Homeland Security, EEOC Appeal No. 0720180009 (Apr. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. The Post Office is unbelievable in their ability to mistreat their workers. 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. The U.S. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.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.
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