usps eeoc settlements 2020 usps eeoc settlements 2020

In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 0120181309 (Aug. 30, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181309.pdf. Minda W. v. Dep't of the Navy, 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. Francine M. v. U.S. Agency discriminated against Complainant based on sex when it gave her a light-duty assignment that changed her starting time but allowed four male comparators who performed light-duty work to retain their normal starting times; Complainant and the comparators were substantially similar in all relevant aspects: they were Mail Handlers who worked on the same tour at the same facility and reported to the same supervisor. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 0120170498 (Apr. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 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. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. Padilla v. USPS, EEOC Appeal No. 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. Ramon L. v. Dep't of Justice, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 Pursuant to 29 C.F.R. 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. o o o o O o o O o tri 6 > CD o O o e o o o o o o o Q o o o O o o o o O o Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Share sensitive usps eeoc settlements 2020. boca beacon obituaries. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . But these new rules would impose additional requirements on the EEOC that . Official websites use .gov Sang G. v. Dep't of Homeland Security, EEOC Appeal No. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 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. Secure .gov websites use HTTPS 0120161068 (Mar. 4B-140-0062-06). Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. 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. Postal Service, EEOC Appeal No. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. 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. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Postal Service Love Series Celebrates the Beauty and Delight of Flowers, USPS to end Priority Mail Prepaid Flat Rate Stamped Envelopes, USPS: Cyber Monday Is Next WeekFour Weeks Left for Holiday Shopping and Shipping, Michigan NALC Branch President Pleads Guilty to Embezzlement of $6,600, Postal Regulatory Commission Vice Chair Temporarily Assumes Administrative Responsibilities of the Agency, Biden to nominate 2 for USPS Board of Governors, oust DeJoy allies Bloom, Barger, New Orleans Letter Carrier Indicted for Delay or Destruction of Mail, U.S. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. Lamar M. v. U.S. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. Cristen T. v. U.S. 1-844-234-5122 (ASL Video Phone) I wish i could say that this the full loss to the workers, Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. LockA locked padlock Moreover, some EEO complaints dated back as far as 2001. Copyright 2023 The Angel Law Firm, PLLC. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. 48-1 40-0062-06, the final agency decision (FAD) issued in connection 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. Complainant subjected to a hostile work environment based on sex where subordinate disparaged him because of his sexual orientation and managers, who placed the onus on Complainant to discipline the harasser or file an EEO complaint, failed to take prompt and effective action; because Agency did not have an effective anti-harassment policy, Agency was ordered to seek technical assistance from EEOC's Office of Federal Operations and to correct the policy's deficiencies. "A$~ XD,R=T0Y& IkN =@&F>_ {. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. Reita M. v. Agency for International Development, EEOC Appeal No. 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. The Commission found that the Agency complied with the terms of a settlement agreement, including the provision of accepting a letter of resignation from Complainant. %PDF-1.6 % ) or https:// means youve safely connected to the .gov website. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. Alline B. v. Social Security Administration, EEOC Appeal No. 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. n In the left-hand column under "Essential Links," click . The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. Annalee D. v. General Services Administration, EEOC Request No. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. 1-800-669-6820 (TTY) 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 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. 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. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Agency denied Complainant a reasonable accommodation in violation of the Rehabilitation Act when it failed to provide him with a sign-language interpreter at the kick-off Combined Federal Campaign meeting intended for all facility employees; a "make-up" meeting, where only the CFC representative and three deaf employees, but no keynote speakers, were present was insufficient to remedy the situation. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. 0120180519 (Mar. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. USPS Worker Arrested - Retaliation Goes Too Far. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. Iliana S. v. U.S. A real socialist and internationalist strategy is needed to take control of communications infrastructure from the corporate ruling class and to place it into the hands of the working class worldwide. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. 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. 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. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Equal Employment Opportunity Commission (EEOC) discrimination allegations. Claim regarding the denial of official time remanded to Agency for investigation; although Agency did not need to investigate whether the denial was discriminatory, it should have determined whether the denial was justified. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 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. The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. information only on official, secure websites. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. 1995)("comparability of awards must be adjusted for the changing value of money over at 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. Employers paid more than $439 million to resolve U.S. USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. She alleged discrimination based on race, national origin, and sex. 2020005108 (Apr. More in: Issue Briefs. 520-2008-00053X; Agency Case No. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. An official website of the United States government. To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. Our goal is to get this matter resolved in a fair way as quickly as possible. Mac O. v. United States Postal Service, EEOC Appeal No. Celine B. v. Dep't of the Navy, EEOC Appeal No. The complainant worked at the United States Postal Service (USPS). Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. 0120180568 (Apr. 0120171870 (Mar. 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. 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. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. Buck S. v. United States Postal Service, EEOC Appeal No. 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. 1-800-669-6820 (TTY) on 8/11/2022 Joint Employers in Permian Basin Retaliated. 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.. The U.S. Harriet M. v. Dep't of Defense, EEOC Appeal No. Official websites use .gov 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. 0120150213 (Feb. 16, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150213.txt. Effective March 26, 2020, the Postal Service reissued its Memorandum of Policy (MOP) HR-03-26-2020-2, Postal Service Policy on Workplace Harassment (see page 1 and page 2 ). 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. 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. Heidi B. v. United States Postal Service, EEOC Appeal No. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. Can I be reinstated to my USPS job now while this relief process is ongoing? Due to the increasing use of email and the internet for correspondence and document delivery, the volume of first-class mail processed by the USPS declined by 43 percent in 2017 from its peak in 2001. However, the judge may still award as much or less as the end result. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. The Agency, which first denied Complainant's request for an ergonomically correct chair and then provided her with a chair that did not fit her needs, denied Complainant a reasonable accommodation; the Agency should have worked with Complainant to conduct an individualized ergonomic assessment that would have determined her specific needs. 0120160846 (Apr. 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. Find your nearest EEOC office Each of these methods is confidential, avoids an admission of liability and is enforceable in court. No violation of Equal Pay Act where Agency established that the Agency-wide salary increases and the performance-based salary increase system were gender-neutral factors, were applied consistently, and explain any compensation disparity between Complainant and her male coworkers. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. ) or https:// means youve safely connected to the .gov website. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Login to EEO efile This is the on-line system for initiating the Equal Employment Opportunity (EEO) counseling process or the Alternative Dispute Resolution (ADR) process with an EEO Counselor to resolve your claim of employment discrimination. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 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. Lara G. v Postmaster General, EEOC Req. An official website of the United States government. Class members include individuals with disabilities in permanent rehabilitation positions who allegedly had their duty hours restricted between March 24, 2000 and December 31, 2012. Alena C. v. Dep't of State, EEOC Appeal No. Elden R. v. Dep't of the Interior, EEOC Appeal No. 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. The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. Postal Service, EEOC Appeal No. Here their was no support from the union. 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. 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. For questions or concerns please contact our offices: Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) Irina T. v. United States Postal Service, EEOC Appeal No. Zonia C. v. Dep't of Justice, EEOC Appeal No. The lies to protect themselves is mind boggling. Although the Agency argued that there were "security reasons" for delaying the accommodation, it did not provide any details describing the concerns, it "lost track" of his request for approximately five months, and it failed to respond adequately to his request for a list of Agency-approved software. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. ) or https:// means youve safely connected to the .gov website. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. 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. 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. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. In our continuing commitment to require postal managements compliance with the August 2016 arbitration decision rendered by national arbitrator Shyam (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) 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. Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. 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) Lara G. v. United States Postal Service, EEOC Request No. Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. Ongoing Litigation and Settlements Print Email Share Ongoing Litigation and Settlements The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. info@eeoc.gov 2020001154 (Apr. For complaint closures with monetary benefits, the averageawardwas$9,418. 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. A lock ( 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. 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.