usps eeoc settlements 2020 usps eeoc settlements 2020

Within the Office of Workers' Compensation Programs (OWCP), the Division of Federal Employees' Compensation (DFEC) is responsible for processing claims filed by Postal Service employees. Employee lawsuits are expensive. Find your nearest EEOC office 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. We share your frustration with how long this is taking, and we share your anger with the Postal Services continued efforts to delay justice in this case. usps eeoc settlements 2020. boca beacon obituaries. 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. Jordon S. v. Dep't of Justice, EEOC Appeal No. In reversing the agencys final decision, the EEOC held that evidence from a health-care provider or other expert is not a mandatory prerequisite for recovery of compensatory damages for emotional harm. It went to state that: Objective evidence of compensatory damages can include statements from the Complainant concerning his emotional pain or suffering, inconvenience, mental anguish, loss of enjoyment of life, injury to professional standing, injury to character or reputation, injury to credit standing, loss of health and any other non-pecuniary losses that are incurred as a result of the discriminatory conduct. 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. Genny L. v. Dep't of Defense, EEOC Appeal No. IV. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. 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. Colby S. v. Dep't of the Treasury, EEOC Appeal No. The U.S. 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 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. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. 1995)("comparability of awards must be adjusted for the changing value of money over at 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. 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. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. 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. 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. 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. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. In 2020, amid monthslong . Lawsuit reveals that nearly 44,000 US Postal Service workers have been In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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. Lara G. v. United States Postal Service, EEOC Request No. We will update the list periodically with the most recently issued decisions. Interest on back pay is not available in federal-sector complaints under the ADEA. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. Claimants and their attorneys/representatives may use this site to update contact info, submit correspondence and/or supporting documentation, and view orders entered in the case. 2019005957 (Apr. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo Agency violated the Rehabilitation Act when it placed Complainant's private medical documents in his Employee Work Folder, a non-medical work file. 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. 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. USPS Class Action Claims | Home 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. hbbd```b``"WI~ 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Miguelina S. v. Dep't of Justice, EEOC Request No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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. 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. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. 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. 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 . Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work What Hasn't Been Working Well Imagine the EEOC ruling against you in a discrimination charge and inviting you to a settlement conference without explaining either why you lost the case or how [] In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Copyright 2023 The Angel Law Firm, PLLC. 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) LockA locked padlock Published Sept. 27, 2021 Updated Oct. 28, 2021. 511 0 obj <> endobj 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. 0120162040 (Apr. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. information only on official, secure websites. This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. 1-800-669-6820 (TTY) 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, Selected Noteworthy Federal Sector Appellate Decisions. For complaint closures with monetary benefits, the averageawardwas$9,418. Administrative Judge properly sanctioned Complainant, by cancelling the hearing and remanding the complaint to the Agency for a final decision, when Complainant failed to abide by the AJ's order to remove video depositions of management officials from YouTube and to provide written confirmation that he had done so. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Barbara S. v. U.S. 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. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. The MVS Craft continues to grow. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 1-800-669-6820 (TTY) Postal Service Workplace Violence Program - USPS Office of Inspector USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 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. 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. Cox filed another EEO complaint of discrimination which is still pending. 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. 0120180519 (Mar. 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. USPS Worker Arrested - Retaliation Goes Too Far. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Elden R. v. Dep't of the Interior, EEOC Appeal No. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. Equal Employment Opportunity Commission. "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. How to Negotiate an EEO Discrimination Settlement 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. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. 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. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. 2020005108 (Apr. Settling a Complaint - USPS Share sensitive The EEOC . 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. Official websites use .gov 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.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. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. 0120172637 (Mar. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. 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. EEOC Scores, Despite a Tumultuous 2020: Key Takeaways for Employers Agency denied Complainant a reasonable accommodation for his hearing disability when it did not provide a sign language interpreter during training and safety meetings; where the physical safety of employees in the workplace is the subject of discussion, it is uniquely pressing for Complainant to have access to the information being conveyed. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. 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. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. After an appeal, complainant later requested the EEOC reopen her case. APWU - Second Round of Payments for POStPlan Staffing 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. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Jazmine F. v. Dep't of Justice, EEOC Appeal No. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Postal Service, EEOC Appeal No. 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. 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. Buck S. v. United States Postal Service, EEOC Appeal No. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. Padilla v. USPS, EEOC Appeal No. For Deaf/Hard of Hearing callers: We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. Elbert H. v. Dep't of Justice, EEOC Appeal No. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. Bart M. v. Dep't of the Interior, EEOC Appeal No. 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. The government-wide average was 344 days. Ruben T. v. Dep't of Justice, EEOC Appeal No. 2019002318 (Apr. The US Postal Department had been a cabinet department of the executive branch since 1872. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. 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. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. 131 M Street, NE Ashlee P. v. Social Security Administration, EEOC Appeal No. 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. 0120132211 (Apr. 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. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . information only on official, secure websites. 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 Deaf/Hard of Hearing callers: Postal Service who was subjected to a hostile work environment for over three years and then removed. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. 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.