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. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Secure .gov websites use HTTPS 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. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 0120161068 (Mar. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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. In reversing the agencys final decision, the EEOC held that evidence from a health-care provider or other expert is not a mandatory prerequisite for recovery of compensatory damages for emotional harm. It went to state that: Objective evidence of compensatory damages can include statements from the Complainant concerning his emotional pain or suffering, inconvenience, mental anguish, loss of enjoyment of life, injury to professional standing, injury to character or reputation, injury to credit standing, loss of health and any other non-pecuniary losses that are incurred as a result of the discriminatory conduct. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. First time EEO efile user? 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. 0120123215 and 0120131079 (Mar. death spawn osrs. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Ongoing Litigation and Settlements Print Email Share Ongoing Litigation and Settlements The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. USPS asks that the EEOC simply take their word that all Class Members were properly notified . Arnoldo P. v. United States Postal Service, EEOC Appeal No. Share sensitive 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. information only on official, secure websites. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. For Deaf/Hard of Hearing callers: 2020002285 (Apr. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Sol W. v. Dep't of Defense, EEOC Appeal No. 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. Employee lawsuits are expensive. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. 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. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. michael sandel justice course syllabus. The US Postal Department had been a cabinet department of the executive branch since 1872. Share sensitive The Post Office is unbelievable in their ability to mistreat their workers. Darin B. v. Office of Personnel Management, EEOC Appeal No. 48-1 40-0062-06, the final agency decision (FAD) issued in connection Colby S. v. Dep't of the Treasury, EEOC Appeal No. 0120171406 (Mar. 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. The Administrative Judge properly reduced Complainant's attorney's fees and costs by 40 percent where Complainant prevailed on only one of his five retaliation claims, the successful claim was not so inextricably intertwined with the unsuccessful claims that Complainant would be entitled to an award of full attorney's fees, the case did not present novel issues, and the fee petition contained numerous instances that might be considered excessive, duplicative, or unreasonable time expended. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. International Committee of the Fourth International. 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. Elden R. v. Dep't of the Interior, EEOC Appeal No. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. Padilla v. USPS, EEOC Appeal No. USPS employee wins discrimination and harassment claim with the EEOC. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. 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. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. That number includes both private sector and state and local . 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. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. All workers here quit, retired, or were fired. hb```,,K@( 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. She alleged that the USPS has subjected her to disability discrimination and harassment. Sharon M. v. Dep't of Transportation, EEOC Appeal No. 0120180736 (Aug. 30. Postal Service, EEOC Appeal No. 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. "A$~ XD,R=T0Y& IkN =@&F>_ {. v. United States Postal Service an AJ decision certified the following class: 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. January 17, 2020 - Status Update - Pittman Settlement Letters. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Workers allege that they were let go from their new positions when the USPS told them that there was not enough work in the new positions to keep the workers employed. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 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. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. Complainant was not entitled to reinstatement as part of make-whole relief or consolidation of his constructive-discharge claim because the record contained substantial evidence that Complainant resigned his position due to fear of termination as a result of matters that were unrelated to the Agencys failure to provide a reasonable accommodation. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. LockA locked padlock 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. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. Jennifer K. v. Dep't of the Navy, 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. 2020005108 (Apr. 1-800-669-6820 (TTY) LockA locked padlock The NRP was utilized by the USPS from 20062011. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. Equal Employment Opportunity Commission. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. Robin H. v. Environmental Protection Agency, 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. 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. 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. The Agency articulated a legitimate reason for disciplining Complainant, but it did not explain why other employees who engaged in similar behavior were not disciplined. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. 0120160846 (Apr. 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. 0120180519 (Mar. The Cost to your Company. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. 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. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Assuming that Complainant established that he was subjected to sexual harassment because of his sex/sexual orientation, the decision found that the Agency was not liable for the alleged harassment because management began an investigation immediately after Complainant reported a coworker's comments, an EEO Counselor spoke to employees about EEO guidelines at a meeting, a Power Point on sexual harassment was presented at a group meeting, an Agency official spoke to the group about the matter, the union president was made available for counseling, the coworker received a letter of reprimand regarding her comments, and there was no evidence that the coworker made any comments about Complainant's sexual orientation after he reported the matter to management. 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 class action lawsuit brought before the Equal Employment Opportunity Commission (EEOC). 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. . In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. An official website of the United States government. Agency properly dismissed complaint as untimely filed where Agency notified Complainant of applicable filing deadline and proper address to file her complaint with the Agency but Complainant nonetheless sent the complaint to the EEOC's Office of Federal Operations. 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. but I was working at a Post office in the same county in 2015. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. 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. Speaking of Special Interest Groups it is pathetic. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. After an appeal, complainant later requested the EEOC reopen her case. Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf.
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