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Rochelle F. v. United States Postal Service, EEOC Appeal No. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. Sherrie M. v. U.S. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. According to the nonprofit organization ProPublica the EEOC ruled that the NRP illegally discriminated against injured workers by creating a hostile work environment, taking away disability accommodations and revealing workers confidential medical information in 2015 and 2017. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. usps eeoc settlements 2020 usps eeoc settlements 2020. ps4 controller trigger keeps activating. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. 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. but I was working at a Post office in the same county in 2015. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. Of the 3,014 completed investigations, 99.2% were timely. 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. The grievances expressed in the lawsuit are the result of the subordination of the US Postal Service to the relentless demands of the capitalist profit system in which it operates, and these conditions cannot be eliminated for all workers through the capitalist legal system. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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. Postal Service, EEOC Appeal No. 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. 2020001154 (Apr. 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. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. %%EOF EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. 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. Statements from others, including family members, friends, health care providers, other counselors (including clergy) could address the outward manifestations or physical consequences of emotional distress including sleeplessness, anxiety, stress, depression, marital strain, humiliation, emotional distress, loss of self-esteem, excessive fatigue or a nervous breakdown. 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. Agency properly dismissed complaint as untimely filed where Agency notified Complainant of applicable filing deadline and proper address to file her complaint with the Agency but Complainant nonetheless sent the complaint to the EEOC's Office of Federal Operations. 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. Harriet M. v. Dep't of Defense, EEOC Appeal No. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. No. 0120160256 (Apr. Norbert K. v. Dep't of State, EEOC Appeal No. Postal workers in the US and worldwide cannot allow their struggles to be trapped within the realm of the labor unions and capitalist parties any longer. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. 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 [] 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. "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. Postal Service, EEOC Appeal No. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 012082505, Agency Case No. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 1 min read. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. She alleged discrimination based on race, national origin, and sex. 511 0 obj <> endobj 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. information only on official, secure websites. The USPS is an independent agency of the federal government that receives no tax dollars, and is the second-largest employer in the US behind Walmart. 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. 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. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Sonia B. v. Tennessee Valley Authority, 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. 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. 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. January 17, 2020 - Status Update - Pittman Settlement Letters. 0120161068 (Mar. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.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. 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. Antony Z. v. Dep't of the Army, EEOC Request No. 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 . Published Sept. 27, 2021 Updated Oct. 28, 2021. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. Elden R. v. Dep't of the Interior, EEOC Appeal No. Bertram K. v. Dep't of Justice, EEOC Appeal No. A .gov website belongs to an official government organization in the United States. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Padilla v. USPS, EEOC Appeal No. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. 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. 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. Calvin D. v. Dep't of the Army, EEOC Petition No. 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. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. After an appeal, complainant later requested the EEOC reopen her case. "A$~ XD,R=T0Y& IkN =@&F>_ {. Find your nearest EEOC office 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 For our clients, please provide your updated contact information to us. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 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. 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. The parties ultimately agreed on a $49.9 million settlement for these violations and the first round of payments was accomplished beginning in June of 2020. Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? Share sensitive This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. 0120180519 (Mar. 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. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. Silas T. v. Dep't of the Air Force, EEOC Appeal No. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. Particularly useful are their publications "Questions and Answers About . Last year, when the city of Minneapolis awarded $27 million to the family of George Floyd, their attorney called it the largest pretrial civil rights settlement ever. Keri C. v. United States Postal Service, EEOC Appeal No. Tanya P. v. United States Postal Service, EEOC Appeal No. USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. Jess P. v. Dep't of Homeland Security, EEOC Appeal No. 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 0720180009 (Apr. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. After an appeal, complainant later requested the EEOC reopen her case. We will update the list periodically with the most recently issued decisions. 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 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. 19), the U.S. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. In the case of SandraMcConnell, et al. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. 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). 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. If you have questions contact the EEOC at: 131 M Street, NE 0120180568 (Apr. Irina T. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 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. 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. We thank you all for your continued patience with this process. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). 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 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. 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. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 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. 1-800-669-6820 (TTY) The DFEC Web site provides very useful information regarding the claims process. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 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. 1-800-669-6820 (TTY) The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. hb```,,K@( 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. Darin B. v. Office of Personnel Management, EEOC Appeal No. Secure .gov websites use HTTPS In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Washington, DC 20507 0120160846 (Apr. 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. Allegations of retaliation by IRS Examiner and Taxpayer Advocate properly dismissed for failure to state a claim where actions at issue occurred to Complainant as a taxpayer, not as a former employee, and allegations constituted a collateral attack on the tax adjudication process. 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. A lock ( The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. 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, Decision to File Complaint Pending at End of Fiscal Year, Completed/Ended Counselings/Complaint Closures, All Pre-Complaint Counselings (minus remands). But these new rules would impose additional requirements on the EEOC that . In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. In 2020, amid monthslong .
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