Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. 131 M Street, NE 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. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. A lock ( 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. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. A lock ( 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. Posted on December 14, 2020 Status Update We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. Postal Service, EEOC Appeal No. 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. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. That number includes both private sector and state and local . 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Salvatore K. v. Dep't of Justice, EEOC Appeal No. Ross R. v. Dept of Homeland Security, EEOC Appeal No. 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. 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 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. The EEOC notes that this is the highest amount in 16 years. Ashlee P. v. Social Security Administration, EEOC Appeal No. Published Sept. 27, 2021 Updated Oct. 28, 2021. Iliana S. v. U.S. Complainant's request for default judgment granted where Agency began its investigation only after Complainant requested a hearing before an Administrative Judge and provided no explanation for its failure to investigate complaint in a timely manner; because the record did not establish a prima facie case of disparate treatment, a claim of harassment, or a prima facie case of compensation discrimination, Complainant was not entitled to individual relief. Where Agency failed to provide evidence of its compliance with Commission's orders, and its refusal to report on its compliance appeared to be part of an ongoing pattern of similar failures, Agency was ordered to provide an analysis of its Fiscal Year 2018-2019 reporting on compliance with EEOC orders and a detailed action plan setting forth how the problems identified in its analysis will be corrected. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. 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. Serita B. v. Dep't of the Army, EEOC Appeal No. 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. Alline B. v. Social Security Administration, EEOC Appeal No. v. United States Postal Service an AJ decision certified the following class: Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Our goal is to get this matter resolved in a fair way as quickly as possible. Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. 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.". A transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. The lies to protect themselves is mind boggling. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. American Postal Workers Union, AFL-CIO Lacy R. v. Dep't of the Air Force, EEOC Appeal No. Ruben T. v. Dep't of Justice, EEOC Appeal No. 2019004187 (Nov. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_25/2019004187.pdf. 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, Decision to File Complaint Pending at End of Fiscal Year, Completed/Ended Counselings/Complaint Closures, All Pre-Complaint Counselings (minus remands). The government-wide average was 344 days. 2021001103 (Feb. 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2021001103.pdf. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. Copyright 2023 The Angel Law Firm, PLLC. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. 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. Washington DC 20005. Sharon M. v. Dep't of Transportation, EEOC Appeal No. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. An official website of the United States government. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180137.pdf. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Sol W. v. Dep't of Defense, EEOC Appeal No. Frances A. v. Dep't of Justice, EEOC Appeal No. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 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. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. Kirk J. Angel is an employment attorney representing federal employees. 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 [] 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. Eleni M. v. Dep't of Transportation, EEOC Appeal No. Share sensitive 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. Effective March 26, 2020, the Postal Service reissued its Memorandum of Policy (MOP) HR-03-26-2020-2, Postal Service Policy on Workplace Harassment (see page 1 and page 2 ). 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. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. Thomasina B. v. Dep't of Justice, EEOC Appeal No. 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. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Agency was not joint employer of Complainant where it did not have sufficient control over Software Engineer in laboratories operated by staffing firm on Agency premises; deciding whether to pay for projects that Complainant proposed was not equivalent to assigning and managing his work. 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. 520-2008-00053X; Agency Case No. Arnoldo P. v. United States Postal Service, EEOC Appeal No. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 A 75 percent reduction of attorney's fees was unwarranted where Complainant's unsuccessful claims were not distinctly different from his successful claims. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 1-800-669-6820 (TTY) 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. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. LockA locked padlock EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. USPS has taken steps, and described . 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. And the Unions are bed partners with Management. 2022_11_29_Ordr_Prdc_UntimelinessSprdsht_Redacted.pdf, Motion to Clarify or Supplement (11.15.22) (as filed)_Redacted.pdf, 2022 11-3 Order Following Conference_Redacted.pdf, Copyright United States Postal Service 2019. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. 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. You benefit from having control of the process, since you authorize access to your information. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. Reita M. v. Agency for International Development, EEOC Appeal No. Irina T. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. Record was insufficient to determine whether Agency jointly employed Complainant where record did not contain the contract between the Agency and staffing firm, Complainant's position description, or any evidence regarding the day-to-day actions, duties, and responsibilities of Complainant's job. 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? Their is no accountability in Michigan, so why would i be surprised !. 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. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. For Deaf/Hard of Hearing callers: information only on official, secure websites. She alleged that the USPS has subjected her to disability discrimination and harassment. 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. 0120132211 (Apr. Colby S. v. Dep't of the Treasury, EEOC Appeal No. 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. Harriet M. v. Dep't of Defense, EEOC Appeal No. 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. The U.S. Assuming that Complainant established that he was subjected to sexual harassment because of his sex/sexual orientation, the decision found that the Agency was not liable for the alleged harassment because management began an investigation immediately after Complainant reported a coworker's comments, an EEO Counselor spoke to employees about EEO guidelines at a meeting, a Power Point on sexual harassment was presented at a group meeting, an Agency official spoke to the group about the matter, the union president was made available for counseling, the coworker received a letter of reprimand regarding her comments, and there was no evidence that the coworker made any comments about Complainant's sexual orientation after he reported the matter to management. 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. I wish i could say that this the full loss to the workers, Merit resolutions refers to charges that are resolved in the agency's administrative process (pre-litigation) in favor of the individual who filed the charge. We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. 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. This resulted in an award of $15,000 in non-pecuniary damages as the agency claimed that Padilla had not experienced any long-term mental or physical illness nor any emotional harm. The appellate decision affirmed an Administrative Judge's award of $200,000.00 in non-pecuniary compensatory damages and $223,116.35 in pecuniary compensatory damages. 1-844-234-5122 (ASL Video Phone) I really wish there was a law forbidding Union Money being spent on political candidates running for public office. 0120090062 (9/21/10). Terisa B. v. Dep't of Defense, EEOC Appeal Nos. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. Silas T. v. Dep't of the Air Force, EEOC Appeal No. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. Washington, DC 20507 2020002285 (Apr. Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator's request for an affidavit or to provide other explanations for the official's alleged actions; an agency's legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence. 536 0 obj <>stream 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. For Deaf/Hard of Hearing callers: The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. information only on official, secure websites. She alleged the USPS had not complied with the EEOC order. Secure .gov websites use HTTPS After an appeal, complainant later requested the EEOC reopen her case. 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. Carroll R. v. Dep't of the Navy, EEOC Appeal No. Substantial evidence supported the Administrative Judge's determination that the Agency retaliated against Complainant for protected EEO activity when it issued her a Letter of Counseling. The Agency provided insufficient evidence to support its dismissal of a complaint, on the basis that Complainant was not an Agency employee, where the record that the Agency submitted contained only the EEO Counselor's Report, the Notice of Right to File a Discrimination Complaint, and the formal complaint; the Agency did not provide any contracts or affidavits from management officials regarding the day-to-day responsibilities and management of Complainant's position. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. In the case of SandraMcConnell, et al. Buck S. v. United States Postal Service, EEOC Appeal No. The USPS now employs around 630,000 workers compared to 900,000 in 1999. The DFEC Web site provides very useful information regarding the claims process. Washington, DC 20507 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. Keri C. v. United States Postal Service, EEOC Appeal No. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 0120160543 (Jan. 14, 2021), https://www.eeoc.gov/sites/default/files/2021-01/0120160543.pdf. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. It is by no accident that our craft is taking positive strides. 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 . Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. In the case of Sandra McConnell, et al. 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. 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. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. 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. Secure .gov websites use HTTPS USPS Worker Arrested - Retaliation Goes Too Far. Calvin D. v. Dep't of the Army, EEOC Petition No. Edward W. v. Social Security Admin., EEOC Appeal No. endstream endobj startxref o o o o O o o O o tri 6 > CD o O o e o o o o o o o Q o o o O o o o o O o An official website of the United States government. 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.
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