usps eeoc settlements 2020

Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Lacy R. v. Dep't of the Air Force, EEOC Appeal No. Elbert H. v. Dep't of Justice, EEOC Appeal No. If you have questions contact the EEOC at: 131 M Street, NE Antony Z. v. Dep't of the Army, EEOC Request No. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. 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. Annalee D. v. General Services Administration, EEOC Request No. 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. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 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. 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. 4B-140-0062-06). https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. endstream endobj startxref USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. Equal Employment Opportunity Commission. 0120161068 (Mar. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. Class members include individuals with disabilities in permanent rehabilitation positions who allegedly had their duty hours restricted between March 24, 2000 and December 31, 2012. 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. 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. Velva B. v. United States Postal Service, EEOC Appeal Nos. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. The same year, several media outlets began to speculate that the USPS was going out of business. 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. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Letter of Caution's reference to an EEO settlement and Complainant's claim of discrimination constituted per se reprisal; references to Complainant's EEO activity in a disciplinary context could reasonably have a chilling effect on the use of the EEO complaint process. The DFEC Web site provides very useful information regarding the claims process. International Committee of the Fourth International. USPS asks that the EEOC simply take their word that all Class Members were properly notified . Silas T. v. Dep't of the Air Force, EEOC Appeal No. hb```,,K@( 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. information only on official, secure websites. 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. 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. And the Unions are bed partners with Management. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. 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. A .gov website belongs to an official government organization in the United States. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. 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. The government-wide average was 344 days. 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. 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. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. The bases of alleged discrimination most often raised were: (1) Reprisal; (2) Disability (Physical); and (3) Age. Buck S. v. United States Postal Service, EEOC Appeal No. Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. Mr. Angel has represented federal employees, including USPS employees for nearly 15 years. March 1, 2023 12:32 pm. 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. Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Elden R. v. Dep't of the Interior, EEOC Appeal No. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180009.pdf. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. No. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, EEOC Awards $165,000 in Compensatory Damages, Adverse Action Not Permitted for Use of Approved Leave, Adverse Inference for Failure to Produce Documents, Agency Liable for Actions of Subordinate Employee, Agency Rationale Found to Be Pretext for Bias, Arbitral Review of Adverse Actions, Part 1, Attorney Fees Awarded Where Penalty Mitigated, Award Increased in Discrimination Finding, Benefit of Doubt when Representing Oneself, Board Clarifies Jurisdiction for Disabled Veterans, Career Intern Program Violates Veterans Preference, Claim against Agency by IPA Employee Allowed, Claim for Damages and Fees Gets Second Look, Complainants Role in EEO Investigation Part 2, Constructive Notice Bars Summary Judgment, Court Finds No Adverse Employment Action or Reprisal, Court Remands Case for Review of Suggestion Award, Court Rules Against Former Spouse Survivor Annuity, Definition of Disability under the Rehabilitation Act, Disability Discrimination by State Department, Disability Retirement and Discrimination Claims, Discrimination Due to Age, Union Activities, EEO Representative Has Viable Claim of Retaliation, EEOC Awards Substantial Compensatory Damages, EEOC Denies Agencys Request for Reconsideration, EEOC Sustains Discrimination Claim of FAA Employee, Employee Not Entitled to Accommodation for Spouse, Employee Wins at EEOC after Decade-Long Fight, Equal Pay Act Plaintiffs Must Prove Sex Discrimination, Failure to Comply with Law Judges Orders, Failure to Reassign Violates Rehabilitation Act, FEGLI Beneficiary Designation Trumps State Law, Genetic Information Nondiscrimination, Part 1, Genetic Information Nondiscrimination, Part 2, Going Straight to Court with EEO Complaint, Harassment Based on Perceived Sexual Orientation, Hearing Ordered in Involuntary Resignation Case, Hostile Work Environment and Compensation Claims, Hostile Work Environment Harassment Based on Gender, Importance of Impartial Investigations Stressed, Jurisdiction Argument after Delay in Appeal, Lateral Transfer Can be Adverse Job Action, Mixed Motives in Age Discrimination Cases, Modification of Work Schedule as Reasonable Accommodation, MSPB Applies Ruling Limiting Appeal Rights, MSPB Jurisdiction Over Newer FAA Employees, MSPB May Review OPM Suitability Determinations, MSPB Mitigates Penalty for Hatch Act Violation, MSPB Upholds Former Park Police Chiefs Removal, MSPB Upholds Removal for False Medal Claim, New Decision on Management-Directed Reassignment, NSPS Cant Impose New Probationary Period, Performance Improvement Plan Not an Adverse Action, Physician Protected Under Whistleblower Law, Pre-Enactment USERRA Jurisdiction Affirmed By Federal Circuit, Protections for Legislative Branch Employees, Reassignment of Harassment Victim Reversed, Recommended Changes to EEOC Regulations and Procedures, Resignation Reversed Due to Misinformation, Retaliation Not Covered in Age Discrimination Case, Revocation of Accommodation may be Discriminatory, Sleep Impairment a Disability Under Rehabilitation Act, Suit against Manager in Personal Capacity, Supervisors Comments Could Have Chilling Effect, Supporting a Hostile Work Environment Claim, Supreme Court Rejects Challenge to Cats Paw Theory, Supreme Court Simplifies Mixed Case Appeals, Survivor Lacks Standing to Bring EEO Claim, Telecommuting as Reasonable Accommodation, Temporary Demotion States Cause of Action, Threat of Discipline Found to be Reprisal, Tolling of Deadlines for Filing Veterans Preference Complaints, TSA Not Immune To Rehabilitation Act Claims, TSA Screener Applicants Exempt from Rehabilitation Act, U.S. District Court Denies Summary Judgment, Unionists Access to Agency System Upheld, Untimely Disability Retirement Application, Whistleblower Compensation Provision Not Retroactive, Whistleblower Legislation Advances in Congress, Whistleblower Reprisal Found, Relief Ordered. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. 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. Ashlee P. v. Social Security Administration, EEOC Appeal No. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. Class members should expect to receive written notice concerning the claim procedure within the next month. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Sharon S. v. Dep't of Defense, EEOC Appeal No. A lock ( Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. 529 0 obj <>/Filter/FlateDecode/ID[<1FB7EE72CCD9854B90DCFC8A33497EB8><1B534663FC186A42AEFC8BA0152CE4CF>]/Index[511 26]/Info 510 0 R/Length 94/Prev 400457/Root 512 0 R/Size 537/Type/XRef/W[1 3 1]>>stream 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. 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. The AJ certification decision recited evidence that the goal of NRP was to assign work to employees who had an approved compensable injury as determined by the Department of Labor. 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. Their is no accountability in Michigan, so why would i be surprised !. Including the NRP case, the USPS estimates that it may owe up to $178 million in potential liabilities for pending employment claims. Bart M. v. Dep't of the Interior, EEOC Appeal No. 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. LockA locked padlock 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.

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