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, Selected Noteworthy Federal Sector Appellate Decisions. In these districts, the Postal Inspection Service investigated 145 . Calvin D. v. Dep't of the Army, EEOC Petition No. 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. Secure .gov websites use HTTPS 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. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. 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. It is like living in a country, run by a dictator. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Published: July 20, 2016. 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. 1-800-669-6820 (TTY) Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 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. 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. 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. 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. You benefit from having control of the process, since you authorize access to your information. According to the decision, Phase 1 of NRP consisted largely of reviewing the files and medical records of all these employees; where needed requesting updated medical documentation from the employee; and verifying that current work actually being performed matched the current job offer. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. An official website of the United States government. 2019005682 (Apr. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. Jennifer K. v. Dep't of the Navy, EEOC Appeal No. On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. Generally, to win a retaliation case, you have to show (1) legally protected activity -- of which Ryan had tons, (2) adverse employment action -- and getting fired is clearly "adverse," so Ryan had that, too, and (3) a "causal connection" between the legally protected activity and the adverse employment action (uh-oh). The ADUS award was the last in a series of four RI-399 craft jurisdiction awards that (This article first appeared in the November/December issue of the American Postal Worker magazine) 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. Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Salvatore K. v. Dep't of Justice, EEOC Appeal No. 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. 0120171406 (Mar. 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. 2020002285 (Apr. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. First, please know that we will continue fighting to get you the best possible award. She alleged that the USPS has subjected her to disability discrimination and harassment. Equal Employment Opportunity Commission. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 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 . We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Our goal is to get this matter resolved in a fair way as quickly as possible. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. 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. This represents a decrease of 482 employees from FY 2008 and a decrease of 794 employees since FY 2005. 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. The same year, several media outlets began to speculate that the USPS was going out of business. 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. 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. According to the Commission, there was evidence of at least five incidents over a one year period where the agency failed to accommodate complainant's hearing impairment. 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. An average out of court settlement is about $40,000. The Administrative Judge erred when, in the absence of an order, he sanctioned the Agency for its failure to complete the EEO investigation in a timely manner by issuing a default judgment in favor of Complainant. The Agency articulated a legitimate reason for disciplining Complainant, but it did not explain why other employees who engaged in similar behavior were not disciplined. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 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. Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. 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. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Although Petitioner was entitled to back pay as a component of make-whole relief, she was not entitled to a sum greater than what she would have earned but for her constructive discharge; because her earnings while in active-duty military service between the time of her constructive discharge and her reinstatement exceeded her gross civilian back pay, Petitioner was not entitled to receive back pay. Postal Service, EEOC Appeal No. Thersa E. v. U.S. 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. 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. 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. 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. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. 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. Complainant's request for default judgment granted where Agency did not issue its final decision until 210 days after Administrative Judge's order remanding the complaint to Agency for a final decision and Agency provided no explanation for its significant delay. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. (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. Harlan P. v. Dep't of Veterans Affairs, EEOC Request No. However, some of the funds were held back to ensure that all affected clerks would receive back pay. Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. Ramon L. v. Dep't of Justice, EEOC Appeal No. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. 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. 0120180519 (Mar. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. The U.S. 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. Find your nearest EEOC office but I was working at a Post office in the same county in 2015. 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. Official websites use .gov 2020001154 (Apr. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. For Deaf/Hard of Hearing callers: 2020003134 (Oct. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020003134.pdf. 0120172604 (Apr. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, EEOC Awards $165,000 in Compensatory Damages, Adverse Action Not Permitted for Use of Approved Leave, Adverse Inference for Failure to Produce Documents, Agency Liable for Actions of Subordinate Employee, Agency Rationale Found to Be Pretext for Bias, Arbitral Review of Adverse Actions, Part 1, Attorney Fees Awarded Where Penalty Mitigated, Award Increased in Discrimination Finding, Benefit of Doubt when Representing Oneself, Board Clarifies Jurisdiction for Disabled Veterans, Career Intern Program Violates Veterans Preference, Claim against Agency by IPA Employee Allowed, Claim for Damages and Fees Gets Second Look, Complainants Role in EEO Investigation Part 2, Constructive Notice Bars Summary Judgment, Court Finds No Adverse Employment Action or Reprisal, Court Remands Case for Review of Suggestion Award, Court Rules Against Former Spouse Survivor Annuity, Definition of Disability under the Rehabilitation Act, Disability Discrimination by State Department, Disability Retirement and Discrimination Claims, Discrimination Due to Age, Union Activities, EEO Representative Has Viable Claim of Retaliation, EEOC Awards Substantial Compensatory Damages, EEOC Denies Agencys Request for Reconsideration, EEOC Sustains Discrimination Claim of FAA Employee, Employee Not Entitled to Accommodation for Spouse, Employee Wins at EEOC after Decade-Long Fight, Equal Pay Act Plaintiffs Must Prove Sex Discrimination, Failure to Comply with Law Judges Orders, Failure to Reassign Violates Rehabilitation Act, FEGLI Beneficiary Designation Trumps State Law, Genetic Information Nondiscrimination, Part 1, Genetic Information Nondiscrimination, Part 2, Going Straight to Court with EEO Complaint, Harassment Based on Perceived Sexual Orientation, Hearing Ordered in Involuntary Resignation Case, Hostile Work Environment and Compensation Claims, Hostile Work Environment Harassment Based on Gender, Importance of Impartial Investigations Stressed, Jurisdiction Argument after Delay in Appeal, Lateral Transfer Can be Adverse Job Action, Mixed Motives in Age Discrimination Cases, Modification of Work Schedule as Reasonable Accommodation, MSPB Applies Ruling Limiting Appeal Rights, MSPB Jurisdiction Over Newer FAA Employees, MSPB May Review OPM Suitability Determinations, MSPB Mitigates Penalty for Hatch Act Violation, MSPB Upholds Former Park Police Chiefs Removal, MSPB Upholds Removal for False Medal Claim, New Decision on Management-Directed Reassignment, NSPS Cant Impose New Probationary Period, Performance Improvement Plan Not an Adverse Action, Physician Protected Under Whistleblower Law, Pre-Enactment USERRA Jurisdiction Affirmed By Federal Circuit, Protections for Legislative Branch Employees, Reassignment of Harassment Victim Reversed, Recommended Changes to EEOC Regulations and Procedures, Resignation Reversed Due to Misinformation, Retaliation Not Covered in Age Discrimination Case, Revocation of Accommodation may be Discriminatory, Sleep Impairment a Disability Under Rehabilitation Act, Suit against Manager in Personal Capacity, Supervisors Comments Could Have Chilling Effect, Supporting a Hostile Work Environment Claim, Supreme Court Rejects Challenge to Cats Paw Theory, Supreme Court Simplifies Mixed Case Appeals, Survivor Lacks Standing to Bring EEO Claim, Telecommuting as Reasonable Accommodation, Temporary Demotion States Cause of Action, Threat of Discipline Found to be Reprisal, Tolling of Deadlines for Filing Veterans Preference Complaints, TSA Not Immune To Rehabilitation Act Claims, TSA Screener Applicants Exempt from Rehabilitation Act, U.S. District Court Denies Summary Judgment, Unionists Access to Agency System Upheld, Untimely Disability Retirement Application, Whistleblower Compensation Provision Not Retroactive, Whistleblower Legislation Advances in Congress, Whistleblower Reprisal Found, Relief Ordered.
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