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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. 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. Employers paid $439M to resolve EEOC discrimination claims in 2020 0720180014 (May 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180014.pdf. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. Their is no accountability in Michigan, so why would i be surprised !. 2020001154 (Apr. 2019002318 (Apr. For Deaf/Hard of Hearing callers: Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19 information only on official, secure websites. USPS reissues it's Workplace Harassment and EEO Policy statements She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. However, the EEO refused to award more than $1,000 in attorney fees as the record didnt include an affidavit submitted by Padillas attorney, only his account indicating monthly payments to his attorney for services rendered. Calvin D. v. Dep't of the Army, EEOC Petition No. ) or https:// means youve safely connected to the .gov website. Harriet M. v. Dep't of Defense, EEOC Appeal No. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. The MVS Craft continues to grow. Iliana S. v. U.S. 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. Felisha A. v. Dep't of Homeland Security, EEOC Appeal No. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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) However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. 0120150213 (Feb. 16, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150213.txt. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. Complainant stated a viable claim of harassment based on race and national origin where Complainant alleged that subordinate disparaged Chinese immigrants, mocked Complainant's language and communication skills, insinuated that Complainant was un-American, and interfered with work performance. USPS has taken steps, and described . 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. Official websites use .gov 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. Settling a Complaint - USPS Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. 2019005682 (Apr. 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. 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. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. The USPS now employs around 630,000 workers compared to 900,000 in 1999. Complainant subjected to a hostile work environment based on sex where subordinate disparaged him because of his sexual orientation and managers, who placed the onus on Complainant to discipline the harasser or file an EEO complaint, failed to take prompt and effective action; because Agency did not have an effective anti-harassment policy, Agency was ordered to seek technical assistance from EEOC's Office of Federal Operations and to correct the policy's deficiencies. Silas T. v. Dep't of the Air Force, EEOC Appeal No. (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. 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. 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. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. Tanya P. v. United States Postal Service, EEOC Appeal No. And the Unions are bed partners with Management. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. Republican President Donald Trump has unleashed new threats to privatize the USPS in recent years, against which thousands of postal workers in cities across the US protested in 2018. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. Postal Service, EEOC Appeal No. Class members should expect to receive written notice concerning the claim procedure within the next month. Washington, DC 20507 Minda W. v. Dep't of the Navy, EEOC Appeal No. USPS employee wins discrimination and harassment claim with the EEOC. 536 0 obj <>stream 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. The Commission has jurisdiction over complaints alleging discrimination occurring in the course of a dual-status technician's civilian employment in a General Services position. 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. EEO efile - USPS 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. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. USPS Class Action Claims | Home Find your nearest EEOC office Velva B. v. United States Postal Service, EEOC Appeal Nos. I am a member of this class action. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. A .gov website belongs to an official government organization in the United States. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. 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. 2019003996 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019003996.pdf. PDF EEOC Awards of Emotional Distress Damages Over $100,000 The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. 1-800-669-6820 (TTY) 1-844-234-5122 (ASL Video Phone) 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. International Committee of the Fourth International. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. Sharon S. v. Dep't of Defense, EEOC Appeal No. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. Agency discriminated against Complainant based on disability when it denied her request for leave without pay and charged her with being absent without leave; agencies may need to modify general leave policies when providing reasonable accommodations. 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. 0720160006 and 0720160007 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160006.0720160007.txt. According to the US Labor Department, postal workers accounted for only one-fifth of all federal employees in 2019, yet were disproportionately injured on the job, experiencing half of all workplace illness and injuries among federal employees. Unfortunately, some of our clients in this case have passed away. Patricia W. v. Dep't of Homeland Security, EEOC Appeal No. Postal Service (USPS) has agreed to pay nearly $17.3 million to settle allegations that the agency discriminated against employees with disabilities. 1 min read. Substantial evidence supported Administrative Judge's finding that Agency discriminated against Complainant on the bases of race (African American) and sex (male) when it terminated his employment for alleged insubordination and misconduct; AJ found that evidence substantiated Complainant's perception that supervisor regarded him as a "big, Black man" and racially stereotyped his behavior as aggressive and intimidating.