Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. 012082505, Agency Case No. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC 1-844-234-5122 (ASL Video Phone)
workers that this case involved. endstream
endobj
startxref
o o O o O o o O o o O N CD o o o o o o o o o o o > cra 0 o CD < O o o o . 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. The parties ultimately agreed on a $49.9 million settlement for these violations and the first round of payments was accomplished beginning in June of 2020. PDF What You Need to Know Abouteeo - Usps The AJ took account of several factors that limited Complainants non-pecuniary damages award, found that the Agency was not the sole cause of Complainants emotional and psychological harm, and limited the award of pecuniary damages to the amounts contained in "legitimate receipts.". EEOC finds USPS practiced disability discrimination https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Postal Service, EEOC Appeal No. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. 1-844-234-5122 (ASL Video Phone)
The USPS has fought back against the claims brought forward by the lawsuit, contesting each workers claim individually, alleging that injured workers never provided enough proof that they had disabilities or were actually harmed as a result of the NRP. You do what they say, not what they do. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. Postal Service, EEOC Appeal No. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. 0120162040 (Apr. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. Carriers also risk injury from lifting heavy bins, squatting, repeatedly getting in and out of mail trucks, walking up and down stairs, and walking to deliver mail in inclement weather, putting them at greater risk for slips and falls as well as joint injuries. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. The reduction in attorney fees indicates the importance of a timely submitted detailed fee petition for attorney fees and expenses, including a printout of the time and costs incurred, the services rendered, and a sworn affidavit setting forth justification for the attorneys requested hourly rate(s), fees and costs. 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
The EEOC . Please know that we are fighting for you, just as we have done for over 10 years. Padilla v. USPS, EEOC Appeal No. ) or https:// means youve safely connected to the .gov website. 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 . 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. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The Average Employee Lawsuit costs $250,000How Safe is your Company? 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. "In accordance with remedial compliance action item I contained in the November 7, 2018 decision of the Equal Employment Opportunity Commission's Office of Federal Operations (EEOC) in Sandra M. McConnell et al. It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. Baltimore to pay $6M in latest police misconduct 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. Padilla v. USPS, EEOC Appeal No. 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. The same year, several media outlets began to speculate that the USPS was going out of business. 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 Former USPS workers in the NRP class action suit allege that they were discriminated against after showing proof that they had been injured at work. Although the Agency argued that there were "security reasons" for delaying the accommodation, it did not provide any details describing the concerns, it "lost track" of his request for approximately five months, and it failed to respond adequately to his request for a list of Agency-approved software. Secure .gov websites use HTTPS 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. 0120172604 (Apr. The DFEC Web site provides very useful information regarding the claims process. %PDF-1.6
%
2019005957 (Apr. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. Miguelina S. v. Dep't of Justice, EEOC Request No. How to Negotiate an EEO Discrimination Settlement Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.pdf. Celine B. v. Dep't of the Navy, EEOC Appeal No. 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. Our goal is to get this matter resolved in a fair way as quickly as possible. Alesia P. v. Dep't of Justice, EEOC Appeal No. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. He was a part of the 130000 Robin H. v. Environmental Protection Agency, EEOC Appeal No. 0120123215 and 0120131079 (Mar. Annalee D. v. General Services Administration, EEOC Request No. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. In these districts, the Postal Inspection Service investigated 145 . For Deaf/Hard of Hearing callers:
Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) is issuing the following instructions regarding the processing of federal sector EEO complaints covered by 29 CFR Part 1614. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. The Postal Service and Postal Inspection Service appropriately addressed all workplace violence cases in the six selected districts reviewed. 0120171406 (Mar. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. 0120170582 (Apr. IV. EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. The Cost to your Company. That number includes both private sector and state and local . 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. 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. PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo However, the judge may still award as much or less as the end result. The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. 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. Kristofer D. v. Dep't of the Army, EEOC Appeal No. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Postal Service, EEOC Appeal No. The Commission had previously found discrimination in EEOC Appeal No. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. Substantial evidence supported Administrative Judge's determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period; the AJ found Complainant to be credible, the Agency's stated reason (that Complainant had an altercation with a bagger) was not believable, the evidence showed that those terminated during their probationary period were predominantly African-Americans, and a Caucasian employee who also had an altercation with the bagger did not receive any disciplinary action. Darin B. v. Office of Personnel Management, EEOC Appeal No. 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. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. 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. Elbert H. v. Dep't of Justice, EEOC Appeal No. Employers paid $439M to resolve EEOC discrimination claims in 2020 Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. Published: July 20, 2016. For Deaf/Hard of Hearing callers:
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 [] Serita B. v. Dep't of the Army, EEOC Appeal No. 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. 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. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. USPS EEOC Retaliation - McCready Law On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Unfortunately, some of our clients in this case have passed away. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. on 8/11/2022 Joint Employers in Permian Basin Retaliated. In the case of Sandra McConnell, et al. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. Accuracy of Grievance Settlement Payments | Office of Inspector General OIG USPS has joined more than 1,500 companies using The Work Number, an automated service that allows you to quickly and securely provide proof of your employment or income. 131 M Street, NE
Rochelle F. v. United States Postal Service, EEOC Appeal No. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. Complainant established a prima facie case of age discrimination, and Agency did not meet its burden of production to articulate a legitimate, nondiscriminatory reason for not selecting Complainant for a supervisory position; stating that a complainant was not selected 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 score. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. The Agency subjected Complainant to adverse treatment based on protected EEO activity when the office director informed Complainant's detail supervisor that Complainant was engaged in settlement discussions for an EEO complaint. 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. Salvatore K. v. Dep't of Justice, EEOC Appeal No. 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. 536 0 obj
<>stream
2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Claim regarding the denial of official time remanded to Agency for investigation; although Agency did not need to investigate whether the denial was discriminatory, it should have determined whether the denial was justified. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 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 . 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. 2020005108 (Apr. 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. Silas T. v. Dep't of the Air Force, EEOC Appeal No. 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.