usps eeoc settlements 2020

Postal Service, EEOC Appeal No. 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 ). Racial slurs, in and of themselves, may be sufficiently severe to constitute a hostile work environment even if the derogatory comments were not aimed at the complainant. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. Over the 5-year period USPS had a net decrease of 0.12% in employees with targeted disabilities. He was a part of the 130000 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. 131 M Street, NE 2019004084 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004084.pdf. For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. Official websites use .gov 0120132211 (Apr. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. Lara G. v. United States Postal Service, EEOC Request No. 511 0 obj <> endobj 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. Eleni M. v. Dep't of Transportation, EEOC Appeal No. The suit alleges that the USPS routinely harassed and discriminated against injured workers and refused to provide reasonable accommodations to workers who had become disabled as a result of their injuries. 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. Applying Bostock v. Clayton County, 140 S. Ct. 1831 (2020), the Commission found that the agency discriminated against complainant on the basis of sexual orientation when it did not select him for any of three supervisory positions; complainant established that the agency's proffered explanation was pretextual. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . Leora R. v. Dep't of Health and Human Services, EEOC Appeal No. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. The Commission lacks jurisdiction to consider appeals from Peace Corps volunteers and applicants, who have a separate EEO complaint process outside Commission jurisdiction; although Complainant filed her complaint against the State Department, it concerned a Peace Corps volunteer position over which the Commission did not have jurisdiction. Agency subjected Complainant to a retaliatory hostile work environment when, during a conversation in which Complainant asked her supervisor to investigate her allegations of race discrimination, the supervisor reminded Complainant that she was still in a probationary status, denied that the Agency was discriminating, told Complainant "to calm down on that," and stated that Complainant's co-workers might file complaints against her because they found her claims of race discrimination offensive. A lock ( 536 0 obj <>stream 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. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Summary judgment in favor of Agency inappropriate where AJ abused her discretion in denying Complainant's Motion to Compel and there were genuine issues of material fact concerning whether Agency had a policy or practice of not accommodating pregnant workers while accommodating other categories of workers. 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. Of the 3,014 completed investigations, 99.2% were timely. 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. Alline B. v. Social Security Administration, EEOC Appeal No. In December 2011 the USPS announced that it planned to close more than half252 out of a total of 461of its mail processing centers, eliminating 28,000 positions and reducing the delivery of overnight first-class mail. 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. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. Postal Service who was subjected to a hostile work environment for over three years and then removed. USPS 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. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. 0120170676 (Oct. 31, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf. Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. 19), the U.S. All workers here quit, retired, or were fired. 012082505, Agency Case No. 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. Cathy V. v. Dep't of Health and Human Services, EEOC Appeal No. Postal Service who was subjected to a hostile work environment for over three years and then removed. Dickerson v. Potter 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Speaking of Special Interest Groups it is pathetic. We will update the list periodically with the most recently issued decisions. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. 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 Find your nearest EEOC office 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 1-800-669-6820 (TTY) The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 0120170498 (Apr. v. United States Postal Service anAJ decision certified the following class: All permanent rehabilitation employees and limited duty employees at the U.S. ) or https:// means youve safely connected to the .gov website. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. Bill A. v. Dep't of the Army, EEOC Appeal No. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. Alena C. v. Dep't of State, EEOC Appeal No. n In the left-hand column under "Essential Links," click . Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. 0120180568 (Apr. Equal Employment Opportunity Commission (EEOC) charged in a lawsuitthat Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. 2019004326 (Sept. 30, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004326.pdf. man who worked for them at the Ionia Post Office. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. Class members include individuals with disabilities in permanent rehabilitation positions who allegedly had their duty hours restricted between March 24, 2000 and December 31, 2012. information only on official, secure websites. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. American Postal Workers Union, AFL-CIO Jennifer K. v. Dep't of the Navy, EEOC Appeal No. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. The complainant worked at the United States Postal Service (USPS). For complaint closures with monetary benefits, the averageawardwas$9,418. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020005108.pdf. Colby S. v. Dep't of the Treasury, EEOC Appeal No. LockA locked padlock Francine M. v. U.S. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. 1-800-669-6820 (TTY) Summary judgment in favor of Agency appropriate where there were no genuine issues of material fact or credibility that merited a hearing; record showed that Agency issued Complainant a Letter of Counseling because of allegations that he had used improper language of a vulgar or sexual nature and that Agency discharged him during his probationary period due to his repeated discourteous behavior; Complainant provided no evidence that raised a genuine issue of material fact that any of his protected bases played a role in the Agency's actions. Sharon M. v. Dep't of Transportation, EEOC Appeal No. Elden R. v. Dep't of the Interior, EEOC Appeal No. 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. The EEOC notes that this is the highest amount in 16 years. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 2021001898 (Apr. Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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.