USPS Reaches $17.3M Disability Discrimination Settlement 0120180568 (Apr. 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. PDF U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Office of Federal - USPS Agency's appeal of Administrative Judge's decision was untimely filed where Agency filed the appeal more than 45 days (including a five-day presumption of receipt) after issuance of the decision; Agency did not show that it received the decision beyond the presumed five days; Agency failed to seek waiver, estoppel, or equitable tolling; and Agency failed to offer adequate justification for an extension of the applicable time period. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. A lock ( The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. PDF Front page | U.S. Department of the Treasury APWU - Second Round of Payments for POStPlan Staffing Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. XOs`4ueYh;Ex=B,Dv4 RhA8eKw/VAFGVg(Iz8u.V:\Ms|(pAGn%A@%xK b8@8\Kx78 Y> &L P dv0H4t0p40Ht00 @` h*D#8&i 4 a`M@, The NRP was utilized by the USPS from 20062011. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. Find your nearest EEOC office Equal Employment Opportunity Commission (EEOC) You can obtain complete copies of the EEO laws and 29 CFR 1614 on the Internet at www.eeoc.gov. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. March 1, 2023 12:32 pm. 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. All rights reserved. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. How to Negotiate an EEO Discrimination Settlement Washington DC 20005. For questions or concerns please contact our offices: Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) 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. Postmaster engaged in an impermissible disability-related inquiry when the Postmaster asked Complainant in front of a customer if she was dyslexic. Complainant established that she was subjected to a hostile work environment because of her sex where a coworker made several offensive comments to her about her sexual orientation, including "you need a man in your life" and "I do not think same sex couples should be allowed to get married"; Complainant asserted that the comments occurred on a weekly basis, and other coworkers corroborated that the comments occurred. Federal Legal Cases Filed by Postal Employees from PostalReporter.com Statements from others, including family members, friends, health care providers, other counselors (including clergy) could address the outward manifestations or physical consequences of emotional distress including sleeplessness, anxiety, stress, depression, marital strain, humiliation, emotional distress, loss of self-esteem, excessive fatigue or a nervous breakdown. The government-wide average was 344 days. Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. The Commission found that the Agency complied with the terms of a settlement agreement, including the provision of accepting a letter of resignation from Complainant. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. 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. Agency, which conceded that it jointly employed Complainant with his staffing firm, should not have dismissed complaint for failure to state a claim; Agency's contention that it did not know of the alleged harassing behavior of staffing firm employees went to the merits of the complaint, which must be investigated. 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. In 2020, amid monthslong . EEOC finds USPS practiced disability discrimination 1-800-669-6820 (TTY) Bill A. v. Dep't of the Army, EEOC Appeal No. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. Complainant entitled to attorney's fees where relief awarded was based on per se reprisal claims that the Administrative Judge sua sponte raised mid-way through the hearing process; attorney's competent representation of Complainant and development of the evidence led directly to the AJ's sua sponte raising of reprisal as a basis. 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. American Postal Workers Union, AFL-CIO The USPS now employs around 630,000 workers compared to 900,000 in 1999. 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. 0720180015 (Nov. 15, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180015.pdf. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. 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). Brenton W. v. Dep't of Justice, EEOC Appeal No. NEW YORK (AP) Four New York City ambulance workers who said they were disciplined for speaking to the media during the harrowing, early months of the COVID-19 pandemic have reached a settlement in their free speech lawsuit against the fire department and the city, their union announced Wednesday. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. Agency denied Complainant a reasonable accommodation in violation of the Rehabilitation Act when it failed to provide him with a sign-language interpreter at the kick-off Combined Federal Campaign meeting intended for all facility employees; a "make-up" meeting, where only the CFC representative and three deaf employees, but no keynote speakers, were present was insufficient to remedy the situation. 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. We thank you all for your continued patience with this process. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Employee lawsuits are expensive. The struggles the Craft has faced over the Financial Issues for Local, State Union Officers, Arbitrator Sharnoff Issues National-Level Award on ADUS Craft Jurisdiction, Das Issues Remedy Award on PM End of Day Button Case, Arbitrator Sustains APWUs Position on Clerk Craft Jurisdiction over Parcel Sorting Work, Taking the MVS Craft Forward One Step at a Time. Jess P. v. Dep't of Homeland Security, EEOC Appeal No. Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. 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. EEOC Summarizes Policies on Monetary Awards. 22, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020001154.pdf. 1-844-234-5122 (ASL Video Phone) However, the judge may still award as much or less as the end result. 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. Silas T. v. Dep't of the Air Force, EEOC Appeal No. * EEOC revised the formula for calculating the ADR offer and participation rates in FY 2006. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. 2021001514 (June 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001514.pdf. That number includes both private sector and state and local . If you want to win your retaliation case, don't be a donkey. - Constangy An Equal Employment Opportunity Commission (EEOC) administrative judge may suspend a hearing to allow the parties to settle a case and will accept a settlement to resolve the case at any time before a final decision is reached. info@eeoc.gov 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. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. First time EEO efile user? Lara G. v Postmaster General, EEOC Req. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. He was a part of the 130000 Ongoing Litigation and Settlements - US EEOC The Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. 2019005824 (Dec. 7. 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_04_05/2019005824%20DEC.pdf. hbbd```b``"WI~ 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 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. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . 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. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. 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. Of the 3,014 completed investigations, 99.2% were timely. Robin H. v. Environmental Protection Agency, EEOC Appeal No. 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. Sharon M. v. Dep't of Transportation, EEOC Appeal No. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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? 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 . USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. 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. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. Share sensitive Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. ) or https:// means youve safely connected to the .gov website. 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. An average out of court settlement is about $40,000. The grievances expressed in the lawsuit are the result of the subordination of the US Postal Service to the relentless demands of the capitalist profit system in which it operates, and these conditions cannot be eliminated for all workers through the capitalist legal system. 0120090062 (9/21/10). Velva B. v. United States Postal Service, EEOC Appeal No. 0120171406 (Mar. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. We will update the list periodically with the most recently issued decisions. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. Where there is an actionable third-party retaliation, both the employee who engaged in the protected activity and the third party who is subjected to the materially adverse action may state a claim. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. 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. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. International Committee of the Fourth International. information only on official, secure websites. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. 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) 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 PEN Resources foir Postal Employees An official website of the United States government. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. A .gov website belongs to an official government organization in the United States. 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. Postal Service, EEOC Appeal No.