Silas T. v. Dep't of the Air Force, EEOC Appeal No. Alline B. v. Social Security Administration, EEOC Appeal No. endstream endobj 512 0 obj <. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. Lawsuit reveals that nearly 44,000 US Postal Service workers have been 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. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Postal Service Workplace Violence Program - USPS Office of Inspector Lara G. v. United States Postal Service, EEOC Request No. 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. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. Pursuant to 29 C.F.R. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. 1614.302(b), when an individual appeals the agency's processing of a mixed-case complaint to the MSPB and the MSPB dismisses the appeal for lack of jurisdiction, the agency should issue a notice under 29 C.F.R. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. Complainant did not establish an Equal Pay Act violation where he and his female comparator performed substantially different jobs in two different locations, they were supervised under different management chains, the female comparator used more complex technology, and she had been paid at a higher level prior to receiving a lateral transfer. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. After the 1970 postal workers strike against the federal government, the USPS was formed to replace the US Postal Department, which was funded by Congress, with an organization that was run like a business, but which is not a government-owned corporation. 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. 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. Jordon S. v. Dep't of Justice, EEOC Appeal No. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. 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. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action After an appeal, complainant later requested the EEOC reopen her case. 0120132211 (Apr. Published: July 20, 2016. Secure .gov websites use HTTPS The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. Miguelina S. v. Dep't of Justice, EEOC Request No. 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. 1995)("comparability of awards must be adjusted for the changing value of money over at 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. 0120090062 (9/21/10). 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. For Deaf/Hard of Hearing callers: n In the left-hand column under "Essential Links," click . 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 wanted to reach out and give a quick update on the case, and answer some questions that have been raised. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. 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. Current Developments | NRP Class Action The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 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. Employers paid $439M to resolve EEOC discrimination claims in 2020 USPS employee claims of discrimination and retaliation not sufficiently Official websites use .gov 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.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. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. Pay differential was based on a factor other than sex where male comparator was hired one year after complainants were hired, a different management official evaluated his application under different circumstances, and the different grade classifications were due to a difference in professional judgment by the evaluating officials. 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. She alleged discrimination based on race, national origin, and sex. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. If such draconian moves ever go forward, it will only be thanks to the previous Democratic and Republican administrations which sanctioned cuts to the USPS and to the postal workers unions which have been complicit in these attacks. EEOC FY 2020 Statistics: EEOC's Recovery on Behalf of Employees 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. The U.S. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. Zonia C. v. Dep't of Justice, EEOC Appeal No. Postal Service, EEOC Appeal No. Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. It is like living in a country, run by a dictator. USPS employee wins discrimination and harassment claim with the EEOC. USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Sharon S. v. Dep't of Defense, EEOC Appeal No. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. In recent decades, the USPS has faced enormous funding cuts. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 0120160256 (Apr. 0120170604 (Mar. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Just 47% of initial appeals before the Merit Systems Protection Boardthe quasi-judicial agency tasked with ensuring agencies follow civil service laws in their disciplinary actions and other . Racial slurs, in and of themselves, may be sufficiently severe to constitute a hostile work environment even if the derogatory comments were not aimed at the complainant. 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 video game publisher Activision Blizzard said Monday that it would pay $18 million in a settlement with a federal employment agency that filed a . 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. USPS Worker Arrested - Retaliation Goes Too Far. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. 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. You do what they say, not what they do. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. A .gov website belongs to an official government organization in the United States. It experienced five straight years of operating losses between 20112016 with the majority of its deficit coming from $5.8 billion in accruals of unpaid mandatory retiree health insurance payments. Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. 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. 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. IV. Cristen T. v. U.S. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. 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. 2019005957 (Apr. Antony Z. v. Dep't of the Army, EEOC Request No. 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. 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. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. The US Postal Department had been a cabinet department of the executive branch since 1872. usps eeoc settlements 2020 - Pentagram.restaurant 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. 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. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. Frances A. v. Dep't of Justice, EEOC Appeal No. In 2021, we reported that non-career employees' turnover and injury rates were higher than career rates, both before and after we controlled for numerous factors such as employee tenure. 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). * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. 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. 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. In total, the EEOC received 46,158 Title VII charges in 2020 and was able to reach a settlement on 7.3% or 3,603 of those charges. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. 8403 Colesville RoadSuite 1000Silver Spring, MD 20910, 610 South Ninth StreetLas Vegas, NV 89101, 2023 Gilbert Employment Law, P.C. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. Cathy V. v. Dep't of Health and Human Services, 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. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 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. Official websites use .gov And the Unions are bed partners with Management. Our goal is to get this matter resolved in a fair way as quickly as possible. 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. The same year, several media outlets began to speculate that the USPS was going out of business. Substantial evidence supported Administrative Judge's finding that Agency discriminated against Complainant on the bases of race (African American) and sex (male) when it terminated his employment for alleged insubordination and misconduct; AJ found that evidence substantiated Complainant's perception that supervisor regarded him as a "big, Black man" and racially stereotyped his behavior as aggressive and intimidating. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. 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. He was a part of the 130000 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. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. Carroll R. v. Dep't of the Navy, EEOC Appeal No. usps eeoc settlements 2020. boca beacon obituaries. 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 Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. Employers paid more than $439 million to resolve U.S. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Where there is an actionable third-party retaliation, both the employee who engaged in the protected activity and the third party who is subjected to the materially adverse action may state a claim. Employee lawsuits are expensive. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. 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. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. 0120180519 (Mar. Postal Service, EEOC Appeal No. Neither did the unions make any effort to unite USPS workers with their class brothers and sisters across the border during the 2018 strike of 50,000 Canadian postal workers, who were also fighting against a brutal profit-driven work regimen where real wages had fallen and understaffing led to speedup and heavy workloads that caused an accident rate among postal workers to be five times that of the average rate for federally regulated industries. U.S. Postal Service (USPS) - US EEOC shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; The NRP was utilized by the USPS from 20062011. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate 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.. LockA locked padlock 4B-140-0062-06). Share sensitive 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. Washington, DC 20507 The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. 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.