usps eeoc settlements 2020

EEOC FY 2020 Statistics: EEOC's Recovery on Behalf of Employees Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. 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. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. 0120123215 and 0120131079 (Mar. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. U.S. Postal Service: Further Analysis Could Help Identify Opportunities 1300 L Street NW 2019002318 (Apr. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. Washington, DC 20507 The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. 4B-140-0062-06). 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. Keri C. v. United States Postal Service, EEOC Appeal No. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Elbert H. v. Dep't of Justice, EEOC Appeal No. usps eeoc settlements 2020 - Mathtutorweeks.com 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. Postal Service, EEOC Appeal No. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. 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. USPS EEOC Retaliation - McCready Law 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 Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. 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. Published Sept. 27, 2021 Updated Oct. 28, 2021. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 0120170604 (Mar. 0120180736 (Aug. 30. EEOC Summarizes Policies on Monetary Awards. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. 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. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. Retaliation, EEOC, Settlement | JD Supra Postal Service Workplace Violence Program - USPS Office of Inspector Selected Noteworthy Federal Sector Appellate Decisions - US EEOC The plight of USPS workers bears striking similarities to the experience of workers at tech and logistics giant Amazon, owned by ultra-billionaire Jeff Bezos, who are routinely victimized, harassed, spied upon, fired and denied workers compensation for injuries suffered on the job. 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. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. For Deaf/Hard of Hearing callers: 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Washington, DC 20507 USPS Could Owe Payouts to As Many As 130K Employees After Class-Action 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). 131 M Street, NE Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. 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. Moreover, some EEO complaints dated back as far as 2001. USPS workers have had their jobs and living standards under attack since the 1970s as a massive shift of wealth from the working class to the corporate ruling class was underway. 2021001898 (Apr. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 48-1 40-0062-06, the final agency decision (FAD) issued in connection Buck S. v. United States Postal Service, EEOC Appeal No. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. Their is no accountability in Michigan, so why would i be surprised !. How to Negotiate an EEO Discrimination Settlement According to the Commission, there was evidence of at least five incidents over a one year period where the agency failed to accommodate complainant's hearing impairment. 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. Lamar M. v. U.S. 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. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Administrative Judge properly ordered Agency to stop issuing cease-and-desist letters to employees who have reported discrimination, absent clear, documented evidence of some conduct (other than reporting discrimination) that the Agency reasonably concludes would warrant discipline in the absence of the employee's protected activity; issuing Complainant a cease-and-desist letter gave the appearance that Complainant, who complained of ongoing racial and sexual harassment, was just as culpable as her harasser. Agency failed to take prompt and effective action to address Complainant's claim of sexual harassment; a supervisor's fear of retaliation by his or her superior is an insufficient argument for failing to take action as a supervisor. information only on official, secure websites. Hostile Work Environment & Discrimination Settlements Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. Alesia P. v. Dep't of Justice, EEOC Appeal No. 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. This booklet also provides an explanation of the REDRESS program REDRESS, an alternative dispute resolution process, may offer you an opportunity to request mediation in addition to traditional EEO 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. A class actioncomplaintfor injured on duty postal employees was certified by an EEOC Administrative Judge (AJ) on May 30,2008. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. 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. 2019005957 (Apr. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 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. endstream endobj startxref Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. 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. Applying Bostock v. Clayton County, 140 S. Ct. 1831 (2020), the Commission found that the agency discriminated against complainant on the basis of sexual orientation when it did not select him for any of three supervisory positions; complainant established that the agency's proffered explanation was pretextual. Official websites use .gov v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. Tanya P. v. United States Postal Service, EEOC Appeal No. USPS employee wins discrimination and harassment claim with the EEOC The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. Agency, which conceded that it jointly employed Complainant with his staffing firm, should not have dismissed complaint for failure to state a claim; Agency's contention that it did not know of the alleged harassing behavior of staffing firm employees went to the merits of the complaint, which must be investigated. 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. However, the judge may still award as much or less as the end result. Share sensitive For our clients, please provide your updated contact information to us. Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 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. 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. 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. But these new rules would impose additional requirements on the EEOC that . Padilla v. USPS, EEOC Appeal No. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. Complainant did nothing more than raise broad, across-the-board allegations of discriminatory policies and practices covering a variety of personnel processes, she was unable to establish that each allegation happened to every class member, and counsels actions raised concerns that the classs interests would not be protected. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. EEOC releases fiscal year 2020 charge and litigation data: Retaliation 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. If you want to win your retaliation case, don't be a donkey. - Constangy The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. An agency will qualify as a joint employer if it has the right to control the means and manner of the individual's work, regardless of whether the individual is paid by an outside organization or is on the federal payroll. EMS workers punished for media interviews in NYC settle suit Accuracy of Grievance Settlement Payments | Office of Inspector General OIG 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. 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. USPS' average time for completing an investigation was 113 days. The Agency did not overcome Complainant's prima facie case of sex discrimination where the Agency explained the general mechanics of the selection process for a Lead Transportation Security Officer position but did not provide a specific, individualized explanation for why Complainant was not chosen for the position. 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. He was a part of the 130000 012082505, Agency Case No. The U.S. 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. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. Please know that we are fighting for you, just as we have done for over 10 years. 131 M Street, NE 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. Serita B. v. Dep't of the Army, EEOC Appeal No. 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. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. 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. 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. Zonia C. v. Dep't of Justice, EEOC Appeal No. Published: July 20, 2016. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. U.S. Postal Service (USPS) - US EEOC Sherrie M. v. U.S. 0120180568 (Apr. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. In the case of Sandra McConnell, et al. 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). 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. And the Unions are bed partners with Management. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. 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. 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. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. Record was insufficient to determine whether Agency jointly employed Complainant where record did not contain the contract between the Agency and staffing firm, Complainant's position description, or any evidence regarding the day-to-day actions, duties, and responsibilities of Complainant's job.

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