Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 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. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. information only on official, secure websites. Share sensitive The U.S. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. 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. 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 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. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. That class action complaint, covering all injured-on-duty employees who were reassessed under the NRP during the period 5/5/06 through 7/1/11, was decided by the EEOC in September 2017 and finalized in a March 9, 2018 decision. 1-800-669-6820 (TTY)
on 8/11/2022 Joint Employers in Permian Basin Retaliated. Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. The complainant worked at the United States Postal Service (USPS). The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. All rights reserved. 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. Cox filed another EEO complaint of discrimination which is still pending. 131 M Street, NE
Calvin D. v. Dep't of the Army, EEOC Petition No. Published: July 20, 2016. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. Copyright 2023 The Angel Law Firm, PLLC. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. The EEOC concluded that the employee demonstrated that the Postal Service reasons for its actions were more than likely a pretext for reprisal discrimination and that the award of $40,000 was consistent with the amounts awarded in similar cases. 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.pdf. 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) Agency's liability for compensatory damages extended back to the beginning of the sexual harassment, not the date that management became aware of it and failed to take prompt remedial action. Official websites use .gov Each of these methods is confidential, avoids an admission of liability and is enforceable in court. Celine B. v. Dep't of the Navy, EEOC Appeal No. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. 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. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. Ramon L. v. Dep't of Justice, EEOC Appeal No. 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. Employee lawsuits are expensive. 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. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Unfortunately, some of our clients in this case have passed away. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Substantial evidence supported the Administrative Judge's determination that the Agency retaliated against Complainant for protected EEO activity when it issued her a Letter of Counseling. 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. Irina T. v. United States Postal Service, EEOC Appeal No. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 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. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. Agency's appeal of Administrative Judge's decision was untimely filed where Agency filed the appeal more than 45 days (including a five-day presumption of receipt) after issuance of the decision; Agency did not show that it received the decision beyond the presumed five days; Agency failed to seek waiver, estoppel, or equitable tolling; and Agency failed to offer adequate justification for an extension of the applicable time period. Share sensitive Washington, DC 20507
0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. According to the decision, Phase 2 consisted largely of canvassing facilities to identify work necessary for operations and functions, attempting to match the employee with the necessary work, and if none is found, notifying the employee that no work was available. 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. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.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. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. The EEOC noted that the untimely invoices submitted on appeal did not detail the attorneys hourly rate or clearly identify the services performed by the attorney. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. 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. Welcome to the USPS Class Action Claim Website 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. . 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. International Committee of the Fourth International. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. 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. 0120090062 (9/21/10). Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. Washington DC 20005. Bart M. v. Dep't of the Interior, EEOC Appeal No. The Commission had previously found discrimination in EEOC Appeal No. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. Postal Service who have been subjected to the National Reassessment Process (NRP) from May 5, 2006 to present, allegedly in violation of the Rehabilitation Act of 1973. And the Unions are bed partners with Management. The government-wide average was 344 days. Elden R. v. Dep't of the Interior, EEOC Appeal 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. Ruben T. v. Dep't of Justice, EEOC Appeal No. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. No. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. Iliana S. v. U.S. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. 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. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work 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. 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.pdf. 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. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. 2019002318 (Apr. ) or https:// means youve safely connected to the .gov website. 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
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Postal Service who was subjected to a hostile work environment for over three years and then removed. 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. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Robin H. v. Environmental Protection Agency, EEOC Appeal No. Zonia C. v. Dep't of Justice, EEOC Appeal No. 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. Heidi B. v. United States Postal Service, EEOC Appeal No. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. The Commission lacks jurisdiction to consider appeals from Peace Corps volunteers and applicants, who have a separate EEO complaint process outside Commission jurisdiction; although Complainant filed her complaint against the State Department, it concerned a Peace Corps volunteer position over which the Commission did not have jurisdiction. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6
0720170019 (Aug. 3, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170019.txt. 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). 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. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. 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. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. In these districts, the Postal Inspection Service investigated 145 . 0120180519 (Mar. Published Sept. 27, 2021 Updated Oct. 28, 2021. Equal Employment Opportunity Commission (EEOC) You can obtain complete copies of the EEO laws and 29 CFR 1614 on the Internet at www.eeoc.gov. Thus the Commission limited its award of attorney fees to $1,000 based on an hourly rate of $250 per hour rather than the requested amount of $5,094.73. Employers paid more than $439 million to resolve U.S. 1995)("comparability of awards must be adjusted for the changing value of money over at 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. 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. 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. 2020001154 (Apr. Particularly useful are their publications "Questions and Answers About . Padilla v. USPS, EEOC Appeal No. 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. 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. It is like living in a country, run by a dictator. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. You benefit from having control of the process, since you authorize access to your information. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. LockA locked padlock Kristofer D. v. Dep't of the Army, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000
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The struggles the Craft has faced over the Financial Issues for Local, State Union Officers, Arbitrator Sharnoff Issues National-Level Award on ADUS Craft Jurisdiction, Das Issues Remedy Award on PM End of Day Button Case, Arbitrator Sustains APWUs Position on Clerk Craft Jurisdiction over Parcel Sorting Work, Taking the MVS Craft Forward One Step at a Time. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. 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) 2021001898 (Apr. 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. 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. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. 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. Agency dismissal of complaint for failure to state a claim, on ground that Commission did not have jurisdiction to review substance of security clearance, reversed where agency made a determination based on suitability, not a security clearance. Bill A. v. Dep't of the Army, EEOC Appeal No. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.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. USPS' average time for completing an investigation was 113 days. 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. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio.