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. Lamar M. v. U.S. An official website of the United States government. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. 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. 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 complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. 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. Agency did not show that employment of Complainant in Deportation Officer position would pose a direct threat where Medical Review Board made a blanket determination that Complainants medication created a potential risk of injury while performing Deportation Officers duties, but the Board ignored his work history in a similarly strenuous law enforcement position and discounted the opinion of his cardiologist. Generally, to win a retaliation case, you have to show (1) legally protected activity -- of which Ryan had tons, (2) adverse employment action -- and getting fired is clearly "adverse," so Ryan had that, too, and (3) a "causal connection" between the legally protected activity and the adverse employment action (uh-oh). 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. 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. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. Lara G. v Postmaster General, EEOC Req. 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. 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 . 0120171405 (Mar. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. 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. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 USPS employee wins discrimination and harassment claim with the EEOC. 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. The Administrative Judge's denial of class certification was appropriate where the putative class agent failed to establish that the class met the commonality, typicality, and adequacy of representation requirements. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. info@eeoc.gov Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. A .gov website belongs to an official government organization in the United States. 0120160256 (Apr. The EEOC notes that this is the highest amount in 16 years. The Post Office is unbelievable in their ability to mistreat their workers. 1-800-669-6820 (TTY) 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. Share sensitive Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120180568 (Apr. What Hasn't Been Working Well Imagine the EEOC ruling against you in a discrimination charge and inviting you to a settlement conference without explaining either why you lost the case or how [] 131 M Street, NE Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. For Deaf/Hard of Hearing callers: Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Elbert H. v. Dep't of Justice, EEOC Appeal No. According to the US Labor Department, postal workers accounted for only one-fifth of all federal employees in 2019, yet were disproportionately injured on the job, experiencing half of all workplace illness and injuries among federal employees. Speaking of Special Interest Groups it is pathetic. 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. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. Postal Service who was subjected to a hostile work environment for over three years and then removed. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. However, the EEO refused to award more than $1,000 in attorney fees as the record didnt include an affidavit submitted by Padillas attorney, only his account indicating monthly payments to his attorney for services rendered. On December 8, 2017, Arbitrator Shyam Das found that the Postal Service was in violation of the parties Article 1.6.B Global Settlement Remedy (This article first appeared in the July/August 2021 issue of the American Postal Worker magazine) Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Marquis K. v. Dep't of the Navy, EEOC Appeal No. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Heidi B. v. United States Postal Service, EEOC Appeal No. She alleged the USPS had not complied with the EEOC order. As part of the federal-sector investigative process, an investigator must obtain information about vacancies from an agency and should give a complainant the opportunity to explain whether she or he can perform the essential functions of the vacant positions with or without reasonable accommodation. Official websites use .gov Please know that we are fighting for you, just as we have done for over 10 years. First time EEO efile user? The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. Secure .gov websites use HTTPS In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. USPS has taken steps, and described . 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. Minda W. v. Dep't of the Navy, EEOC Appeal No. 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 EEOC . Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. It is like living in a country, run by a dictator. The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. 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) Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf.
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