0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. The reissued Postal Service's Policy on Workplace Harassment is available on the Postal Service PolicyNet website: n Go to blue.usps.gov. usps eeoc settlements 2020 - Pentagram.restaurant 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. hbbd```b``"WI~ 2020002285 (Apr. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. shooting in sahuarita arizona; traduction saturn sleeping at last; is bachendorff a good brand; 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. When a case is dismissed with prejudice in federal court, a complainant may not re-enter the administrative complaint process. 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. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. info@eeoc.gov 0120090062 (9/21/10). Complainant did not establish an Equal Pay Act violation where he and his female comparator performed substantially different jobs in two different locations, they were supervised under different management chains, the female comparator used more complex technology, and she had been paid at a higher level prior to receiving a lateral transfer. Velva B. v. United States Postal Service, EEOC Appeal No. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. Complainant not entitled to personal relief for discriminatory non-selection where substantial evidence of record supported Administrative Judge's conclusion that Agency canceled the selection process because of a violation of the collective bargaining agreement and would not have selected Complainant for the position absent the discrimination. Agency subjected Complainant to a retaliatory hostile work environment when, during a conversation in which Complainant asked her supervisor to investigate her allegations of race discrimination, the supervisor reminded Complainant that she was still in a probationary status, denied that the Agency was discriminating, told Complainant "to calm down on that," and stated that Complainant's co-workers might file complaints against her because they found her claims of race discrimination offensive. 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. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. 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). USPS Class Action Claims | Home Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. USPS Could Owe Payouts to As Many As 130K Employees After Class-Action Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 Thus the Commission limited its award of attorney fees to $1,000 based on an hourly rate of $250 per hour rather than the requested amount of $5,094.73. This booklet also provides an explanation of the REDRESS program REDRESS, an alternative dispute resolution process, may offer you an opportunity to request mediation in addition to traditional EEO On September 1, 2022 Arbitrator Joseph M. Sharnoff issued his latest national-level RI-399 award, this one concerning the Automated Delivery Unit Sorter (ADUS). Sol W. v. Dep't of Defense, EEOC Appeal No. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. 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. 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. Ross R. v. Dept of Homeland Security, EEOC Appeal No. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . 0120172637 (Mar. Employee lawsuits are expensive. Arbitration Awards & Settlements | American Postal Workers Union 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.pdf. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. The EEOC notes that this is the highest amount in 16 years. In recent decades, the USPS has faced enormous funding cuts. After the 1970 postal workers strike against the federal government, the USPS was formed to replace the US Postal Department, which was funded by Congress, with an organization that was run like a business, but which is not a government-owned corporation. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. Darin B. v. Office of Personnel Management, EEOC Appeal No. Secure .gov websites use HTTPS 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. And the Unions are bed partners with Management. Republican President Donald Trump has unleashed new threats to privatize the USPS in recent years, against which thousands of postal workers in cities across the US protested in 2018. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP. 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. 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. Federal EEO: EEOC Awards USPS employee $8,000 in failure to accommodate 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. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 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. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Tanya P. v. United States Postal Service, EEOC Appeal No. May 4, 2020 An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. The U.S. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. Postal Workers Class Action EEOC Cases Against USPS death spawn osrs. Irina T. v. United States Postal Service, EEOC Appeal No. hb```,,K@( 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. Velva B. v. United States Postal Service, EEOC Appeal Nos. 0120182505 (Nov. 7, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182505.pdf. Lara G. v. United States Postal Service, EEOC Request No. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Our goal is to get this matter resolved in a fair way as quickly as possible. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. man who worked for them at the Ionia Post Office. Silas T. v. Dep't of the Air Force, EEOC Appeal No. But these new rules would impose additional requirements on the EEOC that . 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. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. Their is no accountability in Michigan, so why would i be surprised !. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. He was a part of the 130000 Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 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. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 0120180519 (Mar. %PDF-1.6 % 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. In 2020, amid monthslong . According to the decision, Phase 2 consisted largely of canvassing facilities to identify work necessary for operations and functions, attempting to match the employee with the necessary work, and if none is found, notifying the employee that no work was available. 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. (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. USPS has taken steps, and described . 0120123215 and 0120131079 (Mar. Washington DC 20005. 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. 0520130618 (June 9, 2017) citing thEEOC V. AIC Security Investigations, Inc. 55 F.3d 1276 at 1286 (7 Cir. Jordon S. v. Dep't of Justice, EEOC Appeal No. 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. "A$~ XD,R=T0Y& IkN =@&F>_ {. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. 2019005824 (Dec. 7. Allegations of retaliation by IRS Examiner and Taxpayer Advocate properly dismissed for failure to state a claim where actions at issue occurred to Complainant as a taxpayer, not as a former employee, and allegations constituted a collateral attack on the tax adjudication process. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. She alleged that the USPS has subjected her to disability discrimination and harassment. The class action lawsuit was filed on behalf of 41,000 past and current USPS workers whose hours may have been restricted because of permanent disabilities from 2000-2012. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. USPS worker sues for sexual harassment and retaliation USPS Settlement An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. 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 2020001154 (Apr. 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. Iliana S. v. U.S. Lawsuit reveals that nearly 44,000 US Postal Service workers have been IV. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. For complaint closures with monetary benefits, the averageawardwas$9,418. Annalee D. v. General Services Administration, EEOC Request No. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. Activision to pay $18 million settlement over workplace misconduct 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. Sharon M. v. Dep't of Transportation, EEOC Appeal No. 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 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. v. United States Postal Service an AJ decision certified the following class: Postal Service, EEOC Appeal No. In these districts, the Postal Inspection Service investigated 145 . 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. Thomasina B. v. Dep't of Justice, EEOC Appeal No. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC Class members should expect to receive written notice concerning the claim procedure within the next month.

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