usps eeoc settlements 2020
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. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. "A$~ XD,R=T0Y& IkN =@&F>_ {. Washington, DC 20507 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. A .gov website belongs to an official government organization in the United States. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.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. 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. 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) 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. 0120090062 (9/21/10). 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. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. "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. Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. It is like living in a country, run by a dictator. 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. 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. 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. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. If you want to win your retaliation case, don't be a donkey. - Constangy by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. Share sensitive 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. 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. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. 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. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. 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.. Elden R. v. Dep't of the Interior, EEOC Appeal No. 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 ). 0120171406 (Mar. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. It's Becoming Rarer for Federal Agencies and Employees to Settle Over Jazmine F. v. Dep't of Justice, EEOC Appeal No. 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. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. EEOC FY 2020 Statistics: EEOC's Recovery on Behalf of Employees Speaking of Special Interest Groups it is pathetic. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. USPS has taken steps, and described . 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. Velva B. v. United States Postal Service, EEOC Appeal No. USPS reissues it's Workplace Harassment and EEO Policy statements In the case of Sandra McConnell, et al. Minda W. v. Dep't of the Navy, EEOC Appeal No. 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, the only African-American plumber at the facility where he worked, was subjected to a hostile work environment based on race when coworkers tampered with his toolbox and left notes in it saying that African Americans did not have the skill sets to be plumbers, attempted to restrain him to a chair with a metal clamp, referred to him as a goat, and duct-taped him to a chair; the Agency was liable for the racial harassment because it did not take immediate and appropriate corrective action after Complainant reported the first, toolbox incident. January 17, 2020 - Status Update - Pittman Settlement Letters. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. 0120180568 (Apr. 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. In 2020, amid monthslong . 1-800-669-6820 (TTY) 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. 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. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. 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. In recent decades, the USPS has faced enormous funding cuts. information only on official, secure websites. 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. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 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. 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. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The EEOC's Proposed Changes To The Conciliation Process - Forbes According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. 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. The Average Employee Lawsuit costs $250,000How Safe is your Company? If there is not enough evidence to hold the employer liable, the victim could end up with nothing. Edward W. v. Social Security Admin., EEOC Appeal No. 2020000109 (Oct. 26, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020000109.pdf. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. In Hopes of Finally Settling Cases, EEOC Revises Process Celine B. v. Dep't of the Navy, EEOC Appeal No. Brenton W. v. Dep't of Justice, EEOC Appeal No. Robin H. v. Environmental Protection Agency, EEOC Appeal No. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Accuracy of Grievance Settlement Payments | Office of Inspector General OIG Dickerson v. Potter First, please know that we will continue fighting to get you the best possible award. 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. Substantial evidence supported the Administrative Judge's finding that the Agency subjected Complainant to a hostile work environment based on age and in reprisal for protected EEO activity when she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . For Deaf/Hard of Hearing callers: 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Colby S. v. Dep't of Veterans Affairs, 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. Lara G. v. United States Postal Service, EEOC Request No. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. May 4, 2020 An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. Annalee D. v. General Services Administration, EEOC Request No. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 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. Kirk J. Angel is an employment attorney representing federal employees. All workers here quit, retired, or were fired. Our goal is to get this matter resolved in a fair way as quickly as possible. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. 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. 536 0 obj <>stream Equal Employment Opportunity Commission. 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . Complainant entitled to attorney's fees where relief awarded was based on per se reprisal claims that the Administrative Judge sua sponte raised mid-way through the hearing process; attorney's competent representation of Complainant and development of the evidence led directly to the AJ's sua sponte raising of reprisal as a basis. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 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. 1-800-669-6820 (TTY) Francine M. v. U.S. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 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? He was a part of the 130000 Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Particularly useful are their publications "Questions and Answers About . 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 1-800-669-6820 (TTY) International Committee of the Fourth International. USPS employee wins discrimination and harassment claim with the EEOC. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. 0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. 0120162040 (Apr. 2019002318 (Apr. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. Thersa E. v. U.S. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 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. For Deaf/Hard of Hearing callers: 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. Selected Noteworthy Federal Sector Appellate Decisions - US EEOC Agency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage but may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant's approval of such changes; agency defense counsel also may assist agencies in informal resolution talks during the counseling stage so long as counsel suggests, but does not dictate, settlement terms. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. Velva B. v. United States Postal Service, EEOC Appeal Nos. (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. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. 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. 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. Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. Update: McConnell vs USPS NRP EEOC Class Action Lawsuit, nrpclassaction@theemploymentattorneys.com, Syracuse NY Postal Carrier Charged with Discarding Mail, Kubayanda Resumes Role as Postal Regulatory Commission Chairman, Florida Postal Clerk Sentenced To Prison For Stealing Mail, Passport Applications To Commit Bank Fraud, Nebraska man gets prison for impersonating USPS Postal Inspector, U.S. The four unions which officially represent the postal workersthe American Postal Workers Union, National Association of Letter Carriers, National Postal Mail Handlers Union and National Rural Letter Carriers Associationhave not lifted a finger to mobilize workers to oppose these attacks, including the loss of over 250,000 post office jobs since 1999an almost 28 percent reduction in its workforce. 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. 1-800-669-6820 (TTY) 0120180519 (Mar. %PDF-1.6 % 48-1 40-0062-06, the final agency decision (FAD) issued in connection 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. Serita B. v. Dep't of the Army, EEOC Appeal No. Administrative Judge properly determined that, where Complainant (through a retainer agreement) was being provided legal services at a reduced rate based on public-interest-minded reasons, the proper hourly rate was the prevailing rate at the time of the fee petition rather than the historical rate at the time the work was performed. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 0120132211 (Apr. 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. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. 0120150213 (Feb. 16, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150213.txt. Postal Service Policy on Workplace Harassment - USPS 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. 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. PDF What You Need to Know Abouteeo - Usps Sang G. v. Dep't of Homeland Security, EEOC Appeal No. Genny L. v. Dep't of Defense, EEOC Appeal No. I know a ) or https:// means youve safely connected to the .gov website. 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. EEO efile - USPS Your claim in this case is a personal asset. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf.
