2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Thomasina B. v. Dep't of Justice, EEOC Appeal No. 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. Complainant established a prima facie case of age discrimination, and Agency did not meet its burden of production to articulate a legitimate, nondiscriminatory reason for not selecting Complainant for a supervisory position; stating that a complainant was not selected 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 score. 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. Your claim in this case is a personal asset. 19), the U.S. Irvin M. v. Dep't of Homeland Security, 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. 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. Cox filed another EEO complaint of discrimination which is still pending. 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. 4B-140-0062-06). An official website of the United States government. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. 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. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . Elbert H. v. Dep't of Justice, EEOC Appeal No. No. Lara G. v. United States Postal Service, EEOC Request No. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. hbbd```b``"WI~ The Post Office is unbelievable in their ability to mistreat their workers. 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. 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. info@eeoc.gov Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. "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. 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. LockA locked padlock 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. We thank you all for your continued patience with this process. More in: Issue Briefs. 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. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. 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. 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. Of the 5,659 complaints filed at USPS, 1,283 contained allegations of race (Black/African American) discrimination, 570 contained allegations of race (White) discrimination, 128 contained allegations of race (Asian) discrimination, 17 contained allegations of race (American Indian/Alaska Native) discrimination, 757 contained allegations of color discrimination and 2,533 contained allegations of disability discrimination. 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. For our clients, please provide your updated contact information to us. When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. Find your nearest EEOC office on 8/11/2022 Joint Employers in Permian Basin Retaliated. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. information only on official, secure websites. 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. 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Agency was not joint employer of Complainant where it did not have sufficient control over Software Engineer in laboratories operated by staffing firm on Agency premises; deciding whether to pay for projects that Complainant proposed was not equivalent to assigning and managing his work. 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. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. The U.S. 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. 2019002318 (Apr. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 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. She alleged that the USPS has subjected her to disability discrimination and harassment. If you have questions contact the EEOC at: 131 M Street, NE 1-800-669-6820 (TTY) 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Harriet M. v. Dep't of Defense, EEOC Appeal No. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. Former USPS workers in the NRP class action suit allege that they were discriminated against after showing proof that they had been injured at work. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. 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. 0120170582 (Apr. USPS' average time for completing an investigation was 113 days. That number includes both private sector and state and local . Alline B. v. Social Security Administration, EEOC Appeal No. 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. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. 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). This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. . 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 . v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. The Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. 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. The US Postal Department had been a cabinet department of the executive branch since 1872. Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. The Agency discriminated against Complainant on the basis of disability (perceived color perception deficiency) when it rescinded a tentative offer of employment for a motor vehicle operator position; the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others. 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. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 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. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. I know a We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 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. Speaking of Special Interest Groups it is pathetic. 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. 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. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. %PDF-1.6 % 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 lies to protect themselves is mind boggling. For Deaf/Hard of Hearing callers: 1614.302(b), when an individual appeals the agency's processing of a mixed-case complaint to the MSPB and the MSPB dismisses the appeal for lack of jurisdiction, the agency should issue a notice under 29 C.F.R. 2019005682 (Apr. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Merit resolutions refers to charges that are resolved in the agency's administrative process (pre-litigation) in favor of the individual who filed the charge. Sherrie M. v. U.S. 1 min read. However, some of the funds were held back to ensure that all affected clerks would receive back pay. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. 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. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Sol W. v. Dep't of Defense, EEOC Appeal No. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. 0120180137 (Apr. Ashlee P. v. Social Security Administration, 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. Sharon S. v. Dep't of Defense, EEOC Appeal No. The Cost to your Company. Carroll R. v. Dep't of the Navy, EEOC Appeal No. Substantial evidence supported the Administrative Judge's determination that the Agency retaliated against Complainant for protected EEO activity when it issued her a Letter of Counseling. 1-800-669-6820 (TTY) 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. 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. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. Serita B. v. Dep't of the Army, EEOC Appeal No. Official websites use .gov 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 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. Equal Employment Opportunity Commission. michael sandel justice course syllabus. LockA locked padlock 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. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Share sensitive 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone) 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.
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