American Postal Workers Union, AFL-CIO Pay differential was based on a factor other than sex where male comparator was hired one year after complainants were hired, a different management official evaluated his application under different circumstances, and the different grade classifications were due to a difference in professional judgment by the evaluating officials. A lock ( The U.S. Plains and Copperhead Pipeline Companies Reach Settlement with EEOC for $1.75 Million U.S. 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. 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 . Iliana S. v. U.S. 1-800-669-6820 (TTY) The more inherently degrading or humiliating the defendants action is, the more reasonable to infer that a person would suffer humiliation or distress from that action. 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. 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. Secure .gov websites use HTTPS Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 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. 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). Jennifer K. v. Dep't of the Navy, EEOC Appeal No. Neither did the unions make any effort to unite USPS workers with their class brothers and sisters across the border during the 2018 strike of 50,000 Canadian postal workers, who were also fighting against a brutal profit-driven work regimen where real wages had fallen and understaffing led to speedup and heavy workloads that caused an accident rate among postal workers to be five times that of the average rate for federally regulated industries. Cox claims upon returning to work she was subjected to a continuing and ongoing hostile work environment by Supervisor Freeman and Postmaster McQuiston. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. 19), the U.S. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. 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. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. The majority of cases, about 67 percent, are ruled in the plaintiff's favor when taken to litigation. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. An official website of the United States government. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. She further alleged the USPS retaliated against her for prior EEO action from 2005-2006. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. You benefit from having control of the process, since you authorize access to your information. 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. 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. And the Unions are bed partners with Management. The Administrative Judge's denial of class certification was appropriate where the putative class agent failed to establish that the class met the commonality, typicality, and adequacy of representation requirements. info@eeoc.gov Arbitration Awards & Settlements Arbitration Clerk Jobs Bargaining Unit Work 2020005108 (Apr. Ashlee P. v. Social Security Administration, EEOC Appeal No. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. Pursuant to 29 C.F.R. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. Mac O. v. United States Postal Service, EEOC Appeal No. Malinda F. v. Dep't of the Air Force, EEOC Appeal No. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. 0120180568 (Apr. LockA locked padlock %PDF-1.6 % 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. Equal Employment Opportunity Commission. 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. 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. 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. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. She alleged the USPS had not complied with the EEOC order. Agency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage but may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant's approval of such changes; agency defense counsel also may assist agencies in informal resolution talks during the counseling stage so long as counsel suggests, but does not dictate, settlement terms. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. Of the 3,014 completed investigations, 99.2% were timely. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. Salvatore K. v. Dep't of Justice, EEOC Appeal No. Ruben T. v. Dep't of Justice, EEOC Appeal No. 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. 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. The appellate decision modified an Administrative Judge's order requiring the Agency to post a notice to employees at facilities other than where the discriminatory conduct occurred because the AJ did not provide a justification for ordering the wider distribution. 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. 1-844-234-5122 (ASL Video Phone) Sol W. v. Dep't of Defense, EEOC Appeal No. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 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. 0120161017 (May 29, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt. 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005957.pdf. USPS employee wins discrimination and harassment claim with the EEOC. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. Agency's final decisions on disputed claims for individual relief were premature because an Administrative Judge retains jurisdiction and is responsible for resolving disputed claims for individual relief. The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. 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 Lara G. v. United States Postal Service https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. Celine B. v. Dep't of the Navy, EEOC Appeal No. 0120161608 (July 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161608.txt. Heidi B. v. United States Postal Service, EEOC Appeal No. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . For our 2021 report, we analyzed USPS data from fiscal years 2016 through 2020 to determine turnover and injury rates. 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 [] Minda W. v. Dep't of the Navy, EEOC Appeal No. I wish i could say that this the full loss to the workers, Tanya P. v. United States Postal Service, EEOC Appeal No. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. LockA locked padlock ) or https:// means youve safely connected to the .gov website. Ramon L. v. Dep't of Justice, EEOC Appeal No. information only on official, secure websites. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. USPS has taken steps, and described . 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. Agency discriminatorily denied Complainant's religious-accommodation request for an exemption from the requirement that employees carry a cannister of pepper spray where it was undisputed that Complainant, a chaplain, had a bona fide religious belief that prevented him from carrying the spray; Agency did not show that exempting one employee, out of approximately 300 employees, from the requirement would have been an undue hardship; and there was no evidence that Agency explored a lateral transfer to a different facility or any other alternative accommodation. No violation of Equal Pay Act where Agency established that the Agency-wide salary increases and the performance-based salary increase system were gender-neutral factors, were applied consistently, and explain any compensation disparity between Complainant and her male coworkers. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Antony Z. v. Dep't of the Army, EEOC Request No. We thank you all for your continued patience with this process. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. A lock ( Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. 0120123216 (Jan. 8, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. Your claim in this case is a personal asset. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.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. A real socialist and internationalist strategy is needed to take control of communications infrastructure from the corporate ruling class and to place it into the hands of the working class worldwide. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. 1-800-669-6820 (TTY) 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.". Kirk J. Angel is an employment attorney representing federal employees. 2019005682 (Apr. Postal Service who have been subjected to the National Reassessment Process (NRP) from May 5, 2006 to present, allegedly in violation of the Rehabilitation Act of 1973. The parties ultimately agreed on a $49.9 million settlement for these violations and the first round of payments was accomplished beginning in June of 2020. A .gov website belongs to an official government organization in the United States. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . 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. death spawn osrs. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. An official website of the United States government. Miguelina S. v. Dep't of Justice, EEOC Request No. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. The government-wide average was 344 days. More in: Issue Briefs. 0120123215 and 0120131079 (Mar. 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. 2020001154 (Apr. In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. Workers allege that they were let go from their new positions when the USPS told them that there was not enough work in the new positions to keep the workers employed. 0120122795 (Feb. 23, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122795.txt. 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. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. No. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 EEOC Summarizes Policies on Monetary Awards. 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. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. 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. Login to EEO efile This is the on-line system for initiating the Equal Employment Opportunity (EEO) counseling process or the Alternative Dispute Resolution (ADR) process with an EEO Counselor to resolve your claim of employment discrimination. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. However, the judge may still award as much or less as the end result. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 48-1 40-0062-06, the final agency decision (FAD) issued in connection 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The same year, several media outlets began to speculate that the USPS was going out of business. 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. In July 2011, under Democratic President Barack Obama, the USPS announced plans to close 3,700 post offices across the US. 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. An average out of court settlement is about $40,000. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. Cox filed another EEO complaint of discrimination which is still pending. info@eeoc.gov ) or https:// means youve safely connected to the .gov website. 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. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. For Deaf/Hard of Hearing callers: 0120172637 (Mar. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. We share your frustration with how long this is taking, and we share your anger with the Postal Services continued efforts to delay justice in this case. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120171870 (Mar. usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 2019001284 (Aug. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001284.pdf. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. 0120090062 (9/21/10). After an appeal, complainant later requested the EEOC reopen her case. The Agency, which first denied Complainant's request for an ergonomically correct chair and then provided her with a chair that did not fit her needs, denied Complainant a reasonable accommodation; the Agency should have worked with Complainant to conduct an individualized ergonomic assessment that would have determined her specific needs. Postal Service, EEOC Appeal No. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. 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. 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. Agency violated the Rehabilitation Act when it did not provide Complainant with adequate equipment and unreasonably delayed the provision of assistive technology, software, and training to support her accommodation of full-time telework; performance counseling memorandum and placement on performance improvement plan for performance issues directly resulted from Agency's failure to provide Complainant with adequate technologies required to telework effectively. 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. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. 0720180009 (Apr. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. 0120170604 (Mar. 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. 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. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. 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. Copyright 2023 The Angel Law Firm, PLLC. Share sensitive When determining an award of non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards. The lies to protect themselves is mind boggling. 0120171406 (Mar. Buck S. v. United States Postal Service, EEOC Appeal No. However, some of the funds were held back to ensure that all affected clerks would receive back pay. Secure .gov websites use HTTPS Bart M. v. Dep't of the Interior, EEOC Appeal No. Lamar M. v. U.S. 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. 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. 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. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations. Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented.
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