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. 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. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. Rochelle F. v. United States Postal Service, EEOC Appeal No. Elden R. v. Dep't of the Interior, EEOC Appeal No. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. An official website of the United States government. 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. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. The Postal Service has a comprehensive workplace violence program to identify, review, report, and address employee assaults nationwide. Complainant stated a viable claim of harassment based on race and national origin where Complainant alleged that subordinate disparaged Chinese immigrants, mocked Complainant's language and communication skills, insinuated that Complainant was un-American, and interfered with work performance. The government-wide average was 344 days. She alleged the USPS had not complied with the EEOC order. After an appeal, complainant later requested the EEOC reopen her case. According to the Commission, there was evidence of at least five incidents over a one year period where the agency failed to accommodate complainant's hearing impairment. 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) Complainant's request for default judgment granted where Agency did not issue its final decision until 210 days after Administrative Judge's order remanding the complaint to Agency for a final decision and Agency provided no explanation for its significant delay. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. "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. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. Edward W. v. Social Security Admin., EEOC Appeal No. 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. Marquis K. v. Dep't of the Navy, EEOC Appeal No. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Complainant established that she was subjected to a hostile work environment because of her sex where a coworker made several offensive comments to her about her sexual orientation, including "you need a man in your life" and "I do not think same sex couples should be allowed to get married"; Complainant asserted that the comments occurred on a weekly basis, and other coworkers corroborated that the comments occurred. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. He was a part of the 130000 Celine B. v. Dep't of the Navy, EEOC Appeal No. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. 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. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Published Sept. 27, 2021 Updated Oct. 28, 2021. 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.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. 2019001961 (Sept. 21, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001961.pdf. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. 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. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. For Deaf/Hard of Hearing callers: 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. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. Ruben T. v. Dep't of Justice, EEOC Appeal No. Washington, DC 20507 Dickerson v. Potter 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. 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. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. 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. Letter of Caution's reference to an EEO settlement and Complainant's claim of discrimination constituted per se reprisal; references to Complainant's EEO activity in a disciplinary context could reasonably have a chilling effect on the use of the EEO complaint process. XOs`4ueYh;Ex=B,Dv4 RhA8eKw/VAFGVg(Iz8u.V:\Ms|(pAGn%A@%xK b8@8\Kx78 Y> &L P dv0H4t0p40Ht00 @` h*D#8&i 4 a`M@, usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 I really wish there was a law forbidding Union Money being spent on political candidates running for public office. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. The government-wide average was 344 days. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Norbert K. v. Dep't of State, EEOC Appeal No. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. Cathy V. v. Dep't of Health and Human Services, 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. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. Lara G. v. United States Postal Service, EEOC Request No. 8403 Colesville RoadSuite 1000Silver Spring, MD 20910, 610 South Ninth StreetLas Vegas, NV 89101, 2023 Gilbert Employment Law, P.C. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. Thomasina B. v. Dep't of Justice, EEOC Appeal No. 012082505, Agency Case No. 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. 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. 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. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. 131 M Street, NE Reita M. v. Agency for International Development, EEOC Appeal No. 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. Alesia P. v. Dep't of Justice, EEOC Appeal No. Secure .gov websites use HTTPS She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0120160846 (Apr. Substantial evidence supported Administrative Judge's determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period; the AJ found Complainant to be credible, the Agency's stated reason (that Complainant had an altercation with a bagger) was not believable, the evidence showed that those terminated during their probationary period were predominantly African-Americans, and a Caucasian employee who also had an altercation with the bagger did not receive any disciplinary action. Irina T. v. United States Postal Service, EEOC Appeal No. Cox filed another EEO complaint of discrimination which is still pending. Share sensitive The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Disability (Physical); and (3) Age. The EEOC . 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. usps eeoc settlements 2020 - Pentagram.restaurant man who worked for them at the Ionia Post Office. Our goal is to get this matter resolved in a fair way as quickly as possible. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC Salvatore K. v. Dep't of Justice, EEOC Appeal No. "A$~ XD,R=T0Y& IkN =@&F>_ {. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. EEO efile - USPS This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 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. (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System. APWU - Second Round of Payments for POStPlan Staffing 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). Of the 3,014 completed investigations, 99.2% were timely. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. Ashlee P. v. Social Security Administration, EEOC Appeal No. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Please know that we are fighting for you, just as we have done for over 10 years. Bill A. v. Dep't of the Army, EEOC Appeal No. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. Their is no accountability in Michigan, so why would i be surprised !. 0120171406 (Mar. 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. 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. You benefit from having control of the process, since you authorize access to your information. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. Arnoldo P. v. United States Postal Service, EEOC Appeal No. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. If you want to win your retaliation case, don't be a donkey. - Constangy Pursuant to 29 C.F.R. This resulted in an award of $15,000 in non-pecuniary damages as the agency claimed that Padilla had not experienced any long-term mental or physical illness nor any emotional harm. Published: July 20, 2016. Elbert H. v. Dep't of Justice, EEOC Appeal No. Agency discriminatorily denied Complainant's religious-accommodation request for an exemption from the requirement that employees carry a cannister of pepper spray where it was undisputed that Complainant, a chaplain, had a bona fide religious belief that prevented him from carrying the spray; Agency did not show that exempting one employee, out of approximately 300 employees, from the requirement would have been an undue hardship; and there was no evidence that Agency explored a lateral transfer to a different facility or any other alternative accommodation. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. Postal Workers Class Action EEOC Cases Against USPS The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 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. EEOC: McConnell v. USPS - Final Agency Decision Vacated Miguelina S. v. Dep't of Justice, EEOC Request No. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. 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. A lock ( 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 [] Kirk J. Angel is an employment attorney representing federal employees. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. 511 0 obj <> endobj Postal Service, EEOC Appeal No. Texas mail carrier wins $250,000 in discrimination lawsuit Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. %%EOF 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. PDF EEOC Awards of Emotional Distress Damages Over $100,000 Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Jazmine F. v. Dep't of Justice, EEOC Appeal No. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. The Agency articulated a legitimate reason for disciplining Complainant, but it did not explain why other employees who engaged in similar behavior were not disciplined. Minda W. v. Dep't of the Navy, EEOC Appeal 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. hb```,,K@( The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. LockA locked padlock 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. Postal Service, EEOC Appeal No. Speaking of Special Interest Groups it is pathetic. 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. 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. I am a member of this class action. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. If you agree to settle a complaint based on one or more stipulations, these must be written down, agreed on, and signed both by you and a management designee. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. The Agency provided insufficient evidence to support its dismissal of a complaint, on the basis that Complainant was not an Agency employee, where the record that the Agency submitted contained only the EEO Counselor's Report, the Notice of Right to File a Discrimination Complaint, and the formal complaint; the Agency did not provide any contracts or affidavits from management officials regarding the day-to-day responsibilities and management of Complainant's position. 4B-140-0062-06). 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.

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