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. We will update the list periodically with the most recently issued decisions. Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. On December 8, 2017, Arbitrator Shyam Das found that the Postal Service was in violation of the parties Article 1.6.B Global Settlement Remedy (This article first appeared in the July/August 2021 issue of the American Postal Worker magazine) 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 . Sherrie M. v. U.S. USPS has taken steps, and described . 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 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) 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. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. 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. ) or https:// means youve safely connected to the .gov website. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. 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. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. 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). January 17, 2020 - Status Update - Pittman Settlement Letters. The appellate decision affirmed an Administrative Judge's award of $200,000.00 in non-pecuniary compensatory damages and $223,116.35 in pecuniary compensatory damages. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. 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.. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 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. The Commission has jurisdiction over complaints alleging discrimination occurring in the course of a dual-status technician's civilian employment in a General Services position. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. If you are a federal employee or a USPS employee, you can set a consultation via our website at: http://www.theangellawfirm.com You can get a free consultation (15 minutes) or paid consultation for upto a full one hour. Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. An official website of the United States government. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. The USPS now employs around 630,000 workers compared to 900,000 in 1999. Share sensitive 520-2008-00053X; Agency Case No. If you have questions contact the EEOC at: 131 M Street, NE death spawn osrs. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. "A$~ XD,R=T0Y& IkN =@&F>_ {. Cox filed another EEO complaint of discrimination which is still pending. EEOC Awards $165,000 in Compensatory Damages The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 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. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. Equal Employment Opportunity Commission (EEOC) You can obtain complete copies of the EEO laws and 29 CFR 1614 on the Internet at www.eeoc.gov. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. In these districts, the Postal Inspection Service investigated 145 . Complainant was not entitled to reinstatement as part of make-whole relief or consolidation of his constructive-discharge claim because the record contained substantial evidence that Complainant resigned his position due to fear of termination as a result of matters that were unrelated to the Agencys failure to provide a reasonable accommodation. 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. on 8/11/2022 Joint Employers in Permian Basin Retaliated. 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. 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. Where there was no basis to support the Administrative Judge's award of $9,122.50 more than the requested $122,150.00 in attorney's fees, the appellate decision adjusted the award to reflect the actual amount claimed in the fee petitions. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 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. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. michael sandel justice course syllabus. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit Posted on December 14, 2020 by postal A class action complaint for injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. Miguelina S. v. Dep't of Justice, EEOC Request No. 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. Elbert H. v. Dep't of Justice, EEOC Appeal No. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. For our clients, please provide your updated contact information to us. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. The lies to protect themselves is mind boggling. 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. The Commission had previously found discrimination in EEOC Appeal No. Alena C. v. Dep't of State, EEOC Appeal No. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case 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. 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 booklet also provides an explanation of the REDRESS program REDRESS, an alternative dispute resolution process, may offer you an opportunity to request mediation in addition to traditional EEO 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. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. 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. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. Moreover, some EEO complaints dated back as far as 2001. Washington, DC 20507 The complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. information only on official, secure websites. The Administrative Judge erred when, in the absence of an order, he sanctioned the Agency for its failure to complete the EEO investigation in a timely manner by issuing a default judgment in favor of Complainant. 1300 L Street NW 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Postal Service, EEOC Appeal No. 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. LockA locked padlock The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. Sol W. v. Dep't of Defense, EEOC Appeal No. On September 1, 2022 Arbitrator Joseph M. Sharnoff issued his latest national-level RI-399 award, this one concerning the Automated Delivery Unit Sorter (ADUS). 1-800-669-6820 (TTY) The Post Office is unbelievable in their ability to mistreat their workers. Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. We thank you all for your continued patience with this process. Agency dismissal of complaint for failure to state a claim, on ground that Commission did not have jurisdiction to review substance of security clearance, reversed where agency made a determination based on suitability, not a security clearance. An average out of court settlement is about $40,000. The EEOC in making its award of $165,000 in compensatory damages noted that Padilla had asserted that he had both emotional and physical suffering since his termination, lost custody of his daughter, hasnt been able to see his daughter since his former wife and daughter relocated, lost friendships, has slept in his car and frequently didnt have any food. 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. 131 M Street, NE 2019005957 (Apr. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. workers that this case involved. 0120180137 (Apr. info@eeoc.gov 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US.
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