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 [] 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 ). Complainant established that she was subjected to a hostile work environment because of her sex where a coworker made several offensive comments to her about her sexual orientation, including "you need a man in your life" and "I do not think same sex couples should be allowed to get married"; Complainant asserted that the comments occurred on a weekly basis, and other coworkers corroborated that the comments occurred. 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. 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. Dismissal of hearing request not warranted where any problems concerning the adequacy of Complainant's discovery responses could have been cured well before the discovery period ended, failure to issue a show-cause order deprived Complainant of the opportunity to respond to Agency's motions for sanctions, and Commission could not independently assess adequacy of Complainant's responses to Agency's discovery requests because the requests and responses were missing from the record. 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. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. Sang G. v. Dep't of Homeland Security, EEOC Appeal No.
2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Interest on back pay is not available in federal-sector complaints under the ADEA. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. She alleged the USPS had not complied with the EEOC order. To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 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. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-03-14-2019-2. 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. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. Mac O. v. United States Postal Service, EEOC Appeal No.
PDF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA - GovInfo In the case of Sandra McConnell, et al. 0
Before such hearing was held, plaintiff Case 1:03-cv-01987-EGS Document 25 Filed 09/28/05 Page 1 of 19
Postal Service, EEOC Appeal No. Equal Employment Opportunity Commission's (EEOC) Office of Federal Operations (OFO) is issuing the following instructions regarding the processing of federal sector EEO complaints covered by 29 CFR Part 1614. Alesia P. v. Dep't of Justice, EEOC Appeal No. Ashlee P. v. Social Security Administration, EEOC Appeal No. 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 0120171405 (Mar. However, I will say this the Postal Service is run by some very hateful uncaring people who have no business being in Management. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Kirk J. Angel is an employment attorney representing federal employees. I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Kylee C. v. Dep't of the Army, EEOC Appeal No. Agency violated the Rehabilitation Act when it placed Complainant's private medical documents in his Employee Work Folder, a non-medical work file.
EEOC Awards $165,000 in Compensatory Damages | Gilbert Employment Law, P.C. USPS Settlement | U.S. Equal Employment Opportunity Commission - US EEOC The MVS Craft continues to grow. On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System (This article first appeared in the September/October 2020 issue of theAmerican Postal Workermagazine) 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. Padilla v. USPS, EEOC Appeal No. Although the Agency argued that there were "security reasons" for delaying the accommodation, it did not provide any details describing the concerns, it "lost track" of his request for approximately five months, and it failed to respond adequately to his request for a list of Agency-approved software. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. 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. 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.". 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. May 4, 2020 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. It experienced five straight years of operating losses between 20112016 with the majority of its deficit coming from $5.8 billion in accruals of unpaid mandatory retiree health insurance payments.
Hostile Work Environment & Discrimination Settlements 0120172604 (Apr. On December 8, 2017, Arbitrator Shyam Das found that the Postal Service was in violation of the parties Article 1.6.B Global Settlement Remedy (This article first appeared in the July/August 2021 issue of the American Postal Worker magazine) 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. 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.
0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. Serita B. v. Dep't of the Army, EEOC Appeal No.
NRP Class Action Lawsuit Update - December, 2020 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. 0120182523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/0120182523.pdf. 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. Pursuant to 29 C.F.R. ) or https:// means youve safely connected to the .gov website. A lock ( 0120160846 (Apr. 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.
Settlement Agreements for EEO Complaints - Office of Resolution 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. 48-1 40-0062-06, the final agency decision (FAD) issued in connection In either event, the complaint process will be suspended for 90 pending the outcome of the settlement discussions. Cox filed another EEO complaint of discrimination which is still pending. A lock ( Fiona H. v. Dep't of the Treasury, EEOC Appeal No. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to a. 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 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. workers that this case involved. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. 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. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. For Deaf/Hard of Hearing callers:
A .gov website belongs to an official government organization in the United States. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Minda W. v. Dep't of the Navy, EEOC Appeal No. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 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. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. 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. Bernardo C. v. Dep't of Veterans Affairs, EEOC Appeal No. USPS' average processing time for all complaint closures increased from 238 days in FY 2008 to 243 days in FY 2009. The US Postal Department had been a cabinet department of the executive branch since 1872. 2021001898 (Apr. 131 M Street, NE
Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. 2020004360 and 2020004343 (Nov. 4, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004360-2020004343.pdf. 0120182764 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182764.pdf. The USPS is an independent agency of the federal government that receives no tax dollars, and is the second-largest employer in the US behind Walmart. The government-wide average was 344 days. 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. Aida E., et al v. Dep't of Agriculture, EEOC Appeal Nos.
Lawsuit reveals that nearly 44,000 US Postal Service workers have been 0120150799 (Feb. 16, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/0120150799.pdf. Moreover, some EEO complaints dated back as far as 2001. 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. 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. 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. 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. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. Sherrie M. v. U.S. Secure .gov websites use HTTPS usps eeoc settlements 2020aiken county sc register of deeds usps eeoc settlements 2020 Elden R. v. Dep't of the Interior, EEOC Appeal No. n In the left-hand column under "Essential Links," click . endstream
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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. Agency discriminated against Complainant based on sex when it gave her a light-duty assignment that changed her starting time but allowed four male comparators who performed light-duty work to retain their normal starting times; Complainant and the comparators were substantially similar in all relevant aspects: they were Mail Handlers who worked on the same tour at the same facility and reported to the same supervisor.