January 17, 2020 - Status Update - Pittman Settlement Letters. The Post Office is unbelievable in their ability to mistreat their workers. Velva B. v. United States Postal Service, EEOC Appeal No. Ross R. v. Dept of Homeland Security, EEOC Appeal No. Lara G. v. United States Postal Service, EEOC Request No. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. 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. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. 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. 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. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. Pay differential was based on a factor other than sex where male comparator was hired one year after complainants were hired, a different management official evaluated his application under different circumstances, and the different grade classifications were due to a difference in professional judgment by the evaluating officials. The Agency discriminated against Complainant on the basis of disability (perceived color perception deficiency) when it rescinded a tentative offer of employment for a motor vehicle operator position; the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others. 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. 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. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. Zonia C. v. Dep't of Justice, EEOC Appeal No. The Cost to your Company. I have plenty to say, but will hold my peace as it is very disturbing of what the Postal Service did not only to me, but to all Rehab or Injured employees at Van Nuys District. EEOC finds that a USPS employee claims of discrimination and retaliation were not sufficiently investigated by the agency. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. Genny L. v. Dep't of Defense, EEOC Appeal No. 2019005824 (Dec. 7. 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. EEOC: McConnell v. USPS - Final Agency Decision Vacated In recent decades, the USPS has faced enormous funding cuts. Lawsuit reveals that nearly 44,000 US Postal Service workers have been I know a 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. but I was working at a Post office in the same county in 2015. ) or https:// means youve safely connected to the .gov website. Find your nearest EEOC office 0120090062 (9/21/10). 0120171870 (Mar. Bill A. v. Dep't of the Army, EEOC Appeal No. 012082505, Agency Case No. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. The lawsuit also alleges that workers were fired after being moved to less physically demanding jobs, even if they provided written instructions to human resources from medical professionals restricting the type of work they were able to safely perform with their conditions. Barbara S. v. U.S. The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. 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. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120171405 (Mar. USPS Reaches $17.3M Disability Discrimination Settlement Elbert H. v. Dep't of Justice, EEOC Appeal No. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. But these new rules would impose additional requirements on the EEOC that . 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. Brendon L. v. Dep't of Veterans Affairs, EEOC Appeal No. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Norbert K. v. Dep't of State, EEOC Appeal No. 2019005957 (Apr. 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. info@eeoc.gov usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 Share sensitive PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS First, please know that we will continue fighting to get you the best possible award. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. Serita B. v. Dep't of the Army, EEOC Appeal No. In reversing the agencys final decision, the EEOC held that evidence from a health-care provider or other expert is not a mandatory prerequisite for recovery of compensatory damages for emotional harm. It went to state that: Objective evidence of compensatory damages can include statements from the Complainant concerning his emotional pain or suffering, inconvenience, mental anguish, loss of enjoyment of life, injury to professional standing, injury to character or reputation, injury to credit standing, loss of health and any other non-pecuniary losses that are incurred as a result of the discriminatory conduct. Agency denied Complainant a reasonable accommodation for his hearing disability when it did not provide a sign language interpreter during training and safety meetings; where the physical safety of employees in the workplace is the subject of discussion, it is uniquely pressing for Complainant to have access to the information being conveyed. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo 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. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. Substantial evidence supported the Administrative Judge's finding that the Agency subjected Complainant to a hostile work environment based on age and in reprisal for protected EEO activity when she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. 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. EEOC Summarizes Policies on Monetary Awards. information only on official, secure websites. 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. Alline B. v. Social Security Administration, EEOC Appeal No. In the case of Sandra McConnell, et al. Agency discriminated against Complainant on the basis of disability when his managers did not allow him to take a polygraph examination, which was required for his position, where there was no reason to believe that his multiple sclerosis and medication would affect the validity of the polygraph result. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. 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. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. 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. After an appeal, complainant later requested the EEOC reopen her case. Here their was no support from the union. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. EMS workers punished for media interviews in NYC settle suit Joan S. v. Dep't of Homeland Security, EEOC Appeal No. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. Postal workers in the US and worldwide cannot allow their struggles to be trapped within the realm of the labor unions and capitalist parties any longer. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. The settlement directed the Postal Service to pay $44.8 million directly to clerks and establish an escrow of $11.2 million to be disbursed in a manner determined by the union. Official websites use .gov The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 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. Agency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage but may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant's approval of such changes; agency defense counsel also may assist agencies in informal resolution talks during the counseling stage so long as counsel suggests, but does not dictate, settlement terms. The Average Employee Lawsuit costs $250,000How Safe is your Company? 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