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. LockA locked padlock Thersa E. v. U.S. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 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. 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. Rochelle F. v. United States Postal Service, EEOC Appeal No. 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. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. Frances A. v. Dep't of Justice, EEOC Appeal No. 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. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Malinda F. v. Dep't of the Air Force, EEOC Appeal No. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. 0120162040 (Apr. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. The suit alleges that the USPS routinely harassed and discriminated against injured workers and refused to provide reasonable accommodations to workers who had become disabled as a result of their injuries. info@eeoc.gov 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. Secure .gov websites use HTTPS In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. According to the USPS' own written policy, "managers and supervisors are responsible for preventing harassment and inappropriate behavior could lead to illegal harassment and must respond. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. First time EEO efile user? You do what they say, not what they do. Serita B. v. Dep't of the Army, EEOC Appeal No. but I was working at a Post office in the same county in 2015. Calvin D. v. Dep't of the Army, EEOC Petition No. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. The Commission declined to review the award of $54,403.80 for reimbursement of Padillas withdrawal of funds from his Thrift Savings Plan account to support himself following his removal as neither party challenged this award on appeal. 1-800-669-6820 (TTY) hb```,,K@( He was a part of the 130000 In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. Bart M. v. Dep't of the Interior, EEOC Appeal No. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. Generally, to win a retaliation case, you have to show (1) legally protected activity -- of which Ryan had tons, (2) adverse employment action -- and getting fired is clearly "adverse," so Ryan had that, too, and (3) a "causal connection" between the legally protected activity and the adverse employment action (uh-oh). 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 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. No. Darin B. v. Office of Personnel Management, EEOC Appeal No. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. Complainant, the only African-American plumber at the facility where he worked, was subjected to a hostile work environment based on race when coworkers tampered with his toolbox and left notes in it saying that African Americans did not have the skill sets to be plumbers, attempted to restrain him to a chair with a metal clamp, referred to him as a goat, and duct-taped him to a chair; the Agency was liable for the racial harassment because it did not take immediate and appropriate corrective action after Complainant reported the first, toolbox incident. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 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. Velva B. v. United States Postal Service, EEOC Appeal No. 0120180519 (Mar. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. If you have questions contact the EEOC at: 131 M Street, NE Elden R. v. Dep't of the Interior, EEOC Appeal No. Ruben T. v. Dep't of Justice, EEOC Appeal No. Complainant did nothing more than raise broad, across-the-board allegations of discriminatory policies and practices covering a variety of personnel processes, she was unable to establish that each allegation happened to every class member, and counsels actions raised concerns that the classs interests would not be protected. 536 0 obj <>stream Sol W. v. Dep't of Defense, EEOC Appeal No. IV. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. 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 complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 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) As part of the federal-sector investigative process, an investigator must obtain information about vacancies from an agency and should give a complainant the opportunity to explain whether she or he can perform the essential functions of the vacant positions with or without reasonable accommodation. The Cost to your Company. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. %%EOF While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. Interest on back pay is not available in federal-sector complaints under the ADEA. Iliana S. v. U.S. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. 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. 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. Bertram K. v. Dep't of Justice, EEOC Appeal No. Thomasina B. v. Dep't of Justice, EEOC Appeal No. 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. March 1, 2023 12:32 pm. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. 0120180568 (Apr. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. May 4, 2020 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . on 8/11/2022 Joint Employers in Permian Basin Retaliated. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 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. 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. Assuming that Complainant established that he was subjected to sexual harassment because of his sex/sexual orientation, the decision found that the Agency was not liable for the alleged harassment because management began an investigation immediately after Complainant reported a coworker's comments, an EEO Counselor spoke to employees about EEO guidelines at a meeting, a Power Point on sexual harassment was presented at a group meeting, an Agency official spoke to the group about the matter, the union president was made available for counseling, the coworker received a letter of reprimand regarding her comments, and there was no evidence that the coworker made any comments about Complainant's sexual orientation after he reported the matter to management. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. The US Postal Department had been a cabinet department of the executive branch since 1872. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Edward W. v. Social Security Admin., EEOC Appeal No. We will update the list periodically with the most recently issued decisions. Agency subjected Complainant to a retaliatory hostile work environment when, during a conversation in which Complainant asked her supervisor to investigate her allegations of race discrimination, the supervisor reminded Complainant that she was still in a probationary status, denied that the Agency was discriminating, told Complainant "to calm down on that," and stated that Complainant's co-workers might file complaints against her because they found her claims of race discrimination offensive. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. Sherrie M. v. U.S. Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. She alleged discrimination based on race, national origin, and sex. n In the left-hand column under "Essential Links," click . The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. The complainant worked at the United States Postal Service (USPS). 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. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . Keri C. v. United States Postal Service, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone) ) or https:// means youve safely connected to the .gov website. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. 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). Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. Secure .gov websites use HTTPS Copyright 2023 The Angel Law Firm, PLLC. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. In recent decades, the USPS has faced enormous funding cuts. Postal Service, EEOC Appeal No. The lies to protect themselves is mind boggling. endstream endobj 512 0 obj <. The settlement directed the Postal Service to pay $44.8 million directly to clerks and establish an escrow of $11.2 million to be disbursed in a manner determined by the union. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. 0120171405 (Mar. LockA locked padlock Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. Carroll R. v. Dep't of the Navy, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. Employers paid more than $439 million to resolve U.S. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. Moreover, some EEO complaints dated back as far as 2001. 0120160256 (Apr. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. 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. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. Tanya P. v. United States Postal Service, EEOC Appeal No. 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. USPS Worker Arrested - Retaliation Goes Too Far. Heidi B. v. United States Postal Service, EEOC Appeal No. 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. The U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. The USPS now employs around 630,000 workers compared to 900,000 in 1999. 2020001154 (Apr. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. A lock ( 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. 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. 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. 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. 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. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 ) or https:// means youve safely connected to the .gov website. Zonia C. v. Dep't of Justice, EEOC Appeal No. Sharon M. v. Dep't of Transportation, EEOC Appeal No. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. The Administrative Judge's denial of class certification was appropriate where the putative class agent failed to establish that the class met the commonality, typicality, and adequacy of representation requirements. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. The U.S. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. 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 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. First, please know that we will continue fighting to get you the best possible award. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. Our goal is to get this matter resolved in a fair way as quickly as possible. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. In 2020, amid monthslong . 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.
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