1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. Alesia P. v. Dep't of Justice, EEOC Appeal No. %%EOF The U.S. LockA locked padlock Here are answers to some questions that have been presented by a number of the class members: What if I move or change my contact information? 1-800-669-6820 (TTY) 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. 0120170604 (Mar. Reita M. v. Agency for International Development, EEOC Appeal No. Agency violated the Rehabilitation Act when it did not provide Complainant with adequate equipment and unreasonably delayed the provision of assistive technology, software, and training to support her accommodation of full-time telework; performance counseling memorandum and placement on performance improvement plan for performance issues directly resulted from Agency's failure to provide Complainant with adequate technologies required to telework effectively. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. Official websites use .gov We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. 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. The suit alleges that the USPS routinely harassed and discriminated against injured workers and refused to provide reasonable accommodations to workers who had become disabled as a result of their injuries. Tanya P. v. United States Postal Service, EEOC Appeal No. But these new rules would impose additional requirements on the EEOC that . 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Rochelle F. v. United States Postal Service, EEOC Appeal No. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 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. Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. Published: July 20, 2016. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. He has the experience federal employees need to help with with EEO claims and hearings before the EEOC. 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. Silas T. v. Dep't of the Air Force, EEOC Appeal No. The Agency provided insufficient evidence to support its dismissal of a complaint, on the basis that Complainant was not an Agency employee, where the record that the Agency submitted contained only the EEO Counselor's Report, the Notice of Right to File a Discrimination Complaint, and the formal complaint; the Agency did not provide any contracts or affidavits from management officials regarding the day-to-day responsibilities and management of Complainant's position. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. Of the 3,014 completed investigations, 99.2% were timely. It is like living in a country, run by a dictator. She alleged that the USPS has subjected her to disability discrimination and harassment. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. ) or https:// means youve safely connected to the .gov website. Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. Equal Employment Opportunity Commission. Sharon M. v. Dep't of Transportation, EEOC Appeal No. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. We share your frustration with how long this is taking, and we share your anger with the Postal Services continued efforts to delay justice in this case. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 2019005682 (Apr. 0120180137 (Apr. If you have questions contact the EEOC at: 131 M Street, NE Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. information only on official, secure websites. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. Complainant's request for default judgment granted where Agency did not issue its final decision until 210 days after Administrative Judge's order remanding the complaint to Agency for a final decision and Agency provided no explanation for its significant delay. Jordon S. v. Dep't of Justice, EEOC Appeal No. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 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. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. Effective March 26, 2020, the Postal Service reissued its Memorandum of Policy (MOP) HR-03-26-2020-2, Postal Service Policy on Workplace Harassment (see page 1 and page 2 ). A lock ( Ruben T. v. Dep't of Justice, EEOC Appeal No. 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. Bertram K. v. Dep't of Justice, EEOC Appeal No. Alonzo N. v. United States Postal Service, EEOC Appeal No. 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. 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. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. usps eeoc settlements 2020. boca beacon obituaries. A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. Padilla v. USPS, EEOC Appeal No. 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.. IV. Agency's liability for compensatory damages extended back to the beginning of the sexual harassment, not the date that management became aware of it and failed to take prompt remedial action. A .gov website belongs to an official government organization in the United States. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. In 2020, amid monthslong . Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. It is not an effective accommodation to require an employee with a disability to take leave when another accommodation would enable the employee to continue working, and it is not the agency's role to dictate what type of assistive or monitoring device the employee uses. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. Velva B. v. United States Postal Service, EEOC Appeal No. hbbd```b``"WI~ 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. For our clients, please provide your updated contact information to us. Welcome to the USPS Class Action Claim Website 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. In these districts, the Postal Inspection Service investigated 145 . 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. 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. 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. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. After an appeal, complainant later requested the EEOC reopen her case. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 0120172637 (Mar. Postal Service, EEOC Appeal No. 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. Ashlee P. v. Social Security Administration, EEOC Appeal No. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. 1-844-234-5122 (ASL Video Phone) 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. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. Will K. v. U.S. A lock ( Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal 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. 0120132211 (Apr. * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. 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. Moreover, some EEO complaints dated back as far as 2001. For Deaf/Hard of Hearing callers: 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System. The EEOC in making its award of $165,000 in compensatory damages noted that Padilla had asserted that he had both emotional and physical suffering since his termination, lost custody of his daughter, hasnt been able to see his daughter since his former wife and daughter relocated, lost friendships, has slept in his car and frequently didnt have any food. International Committee of the Fourth International. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel.