More in: Issue Briefs. Ruben T. v. Dep't of Justice, EEOC Appeal No. The settlement provided that USPS will pay, in full settlement of all claims in this Case: The total sum of three-million-eight-hundred-fifty-thousand-dollars ($3,850,000) 0120160846 (Apr. Mr. Angel has represented federal employees, including USPS employees for nearly 15 years. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. That number includes both private sector and state and local . When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. EEOC: McConnell v. USPS - Final Agency Decision Vacated Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. In 2020, amid monthslong . 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. Find your nearest EEOC office
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Here their was no support from the union. Irina T. v. United States Postal Service, EEOC Appeal No. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. Ongoing Litigation and Settlements - US EEOC shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. Unfortunately, some of our clients in this case have passed away. 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. Alena C. v. Dep't of State, EEOC Appeal No. When the Merit Systems Protection Board dismisses a case for lack of jurisdiction, the matter is no longer a mixed case and should be remanded to the agency for further processing as a non-mixed complaint. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. Agency failed to take prompt and effective action to address Complainant's claim of sexual harassment; a supervisor's fear of retaliation by his or her superior is an insufficient argument for failing to take action as a supervisor. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. Labor costs made up 80 percent of the USPS operating costs at the time that the NRP was rolled out. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. The DFEC Web site provides very useful information regarding the claims process. Postal Service Policy on Workplace Harassment - USPS 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. 1-800-669-6820 (TTY)
After an appeal, complainant later requested the EEOC reopen her case. Postal Service, EEOC Appeal No. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. Settlement Agreements for EEO Complaints - Office of Resolution 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 . 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. PDF What You Need to Know Abouteeo - Usps EEOC Administrative Judge has approved a settlement in the Pittman v 1-800-669-6820 (TTY)
Postal Service, EEOC Appeal No. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. Within the Office of Workers' Compensation Programs (OWCP), the Division of Federal Employees' Compensation (DFEC) is responsible for processing claims filed by Postal Service employees. EEOC releases fiscal year 2020 charge and litigation data: Retaliation Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. 1-800-669-6820 (TTY)
This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. PEN Resources foir Postal Employees Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. 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. 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. EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 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. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Selected Noteworthy Federal Sector Appellate Decisions - US EEOC According to the nonprofit organization ProPublica the EEOC ruled that the NRP illegally discriminated against injured workers by creating a hostile work environment, taking away disability accommodations and revealing workers confidential medical information in 2015 and 2017. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. But these new rules would impose additional requirements on the EEOC that . Eleni M. v. Dep't of Transportation, EEOC Appeal No. ) or https:// means youve safely connected to the .gov website. The U.S. On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System (This article first appeared in the September/October 2020 issue of theAmerican Postal Workermagazine) USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. 0120170498 (Apr. APWU - Second Round of Payments for POStPlan Staffing 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. Bart M. v. Dep't of the Interior, EEOC Appeal No. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. 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. 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. American Postal Workers Union, AFL-CIO A .gov website belongs to an official government organization in the United States. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. It is by no accident that our craft is taking positive strides. 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. EEOC Awards $165,000 in Compensatory Damages The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 2020005108 (Apr. Washington, DC 20507
0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 2019005682 (Apr. EMS workers punished for media interviews in NYC settle suit 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. In recent decades, the USPS has faced enormous funding cuts. Edward W. v. Social Security Admin., EEOC Appeal No. The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. Postal Service who was subjected to a hostile work environment for over three years and then removed. Thomasina B. v. Dep't of Justice, EEOC Appeal No. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 48-1 40-0062-06, the final agency decision (FAD) issued in connection 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. "A$~
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<. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. That class action complaint, covering all injured-on-duty employees who were reassessed under the NRP during the period 5/5/06 through 7/1/11, was decided by the EEOC in September 2017 and finalized in a March 9, 2018 decision. 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. 0120162040 (Apr. 2020001154 (Apr. Silas T. v. Dep't of the Air Force, EEOC Appeal No. Annalee D. v. General Services Administration, EEOC Request No. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. Heidi B. 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. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. 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. In these districts, the Postal Inspection Service investigated 145 . For complaint closures with monetary benefits, the averageawardwas$9,418. January 17, 2020 - Status Update - Pittman Settlement Letters. 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. 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. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 You benefit from having control of the process, since you authorize access to your information. 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. 1-800-669-6820 (TTY)
PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS 2019001961 (Sept. 21, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001961.pdf.
Share sensitive 2020002487 (Dec. 29, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2020002487.pdf. Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. An official website of the United States government. Where there was no basis to support the Administrative Judge's award of $9,122.50 more than the requested $122,150.00 in attorney's fees, the appellate decision adjusted the award to reflect the actual amount claimed in the fee petitions. 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) 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. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. An official website of the United States government. She alleged that the USPS has subjected her to disability discrimination and harassment. Employers paid more than $439 million to resolve U.S. Of the 5,659 complaints filed at USPS, 1,283 contained allegations of race (Black/African American) discrimination, 570 contained allegations of race (White) discrimination, 128 contained allegations of race (Asian) discrimination, 17 contained allegations of race (American Indian/Alaska Native) discrimination, 757 contained allegations of color discrimination and 2,533 contained allegations of disability discrimination. Current Developments | NRP Class Action 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. 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. Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. 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.