The Post Office is unbelievable in their ability to mistreat their workers. In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 2019001854 (Sept. 22, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019001854.pdf. 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. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. 1-800-669-6820 (TTY) Rochelle F. v. United States Postal Service, EEOC Appeal No. endstream endobj 512 0 obj <. but I was working at a Post office in the same county in 2015. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. hb```,,K@( 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. 1614.302(b), when an individual appeals the agency's processing of a mixed-case complaint to the MSPB and the MSPB dismisses the appeal for lack of jurisdiction, the agency should issue a notice under 29 C.F.R. 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. Kirk J. Angel is an employment attorney representing federal employees. 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. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. EEOC regulations specify the procedures to follow if either party comes to believe the settlement agreement has been breached. As of September 30, 2009, USPS employed 5,372 (0.76%) Individuals with Targeted Disabilities (IWTD). Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. The U.S. 1-844-234-5122 (ASL Video Phone) 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. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 1-800-669-6820 (TTY) 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. Agency dismissal of complaint for failure to state a claim, on ground that Commission did not have jurisdiction to review substance of security clearance, reversed where agency made a determination based on suitability, not a security clearance. 0120180568 (Apr. %PDF-1.6 % 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. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. (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. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website. 2020001154 (Apr. A lock ( Calvin D. v. Dep't of the Army, EEOC Petition No. https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. 529 0 obj <>/Filter/FlateDecode/ID[<1FB7EE72CCD9854B90DCFC8A33497EB8><1B534663FC186A42AEFC8BA0152CE4CF>]/Index[511 26]/Info 510 0 R/Length 94/Prev 400457/Root 512 0 R/Size 537/Type/XRef/W[1 3 1]>>stream Sol W. v. Dep't of Defense, EEOC Appeal No. 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. The EEOC then awarded her an additional $10,000 in non-pecuniary damages. 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. 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. 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. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. 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. 0520130618 (June 9, 2017) citing thEEOC V. AIC Security Investigations, Inc. 55 F.3d 1276 at 1286 (7 Cir. Heidi B. v. Dep't of Health and Human Services, EEOC Appeal No. Equal Employment Opportunity ("EEO") complaint with the Postal Service on November 7, 2002. Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. on 8/11/2022 Joint Employers in Permian Basin Retaliated. The appellate decision affirmed an Administrative Judge's award of $200,000.00 in non-pecuniary compensatory damages and $223,116.35 in pecuniary compensatory damages. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . I really wish there was a law forbidding Union Money being spent on political candidates running for public office. Employee lawsuits are expensive. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. Equal Employment Opportunity Commission (EEOC) discrimination allegations. In 2021, we reported that non-career employees' turnover and injury rates were higher than career rates, both before and after we controlled for numerous factors such as employee tenure. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. Washington, DC 20507 hbbd```b``"WI~ January 17, 2020 - Status Update - Pittman Settlement Letters. The struggles the Craft has faced over the Financial Issues for Local, State Union Officers, Arbitrator Sharnoff Issues National-Level Award on ADUS Craft Jurisdiction, Das Issues Remedy Award on PM End of Day Button Case, Arbitrator Sustains APWUs Position on Clerk Craft Jurisdiction over Parcel Sorting Work, Taking the MVS Craft Forward One Step at a Time. Mail sorters must routinely squat and lift heavy bins of mail over 70 pounds, which can cause knee, back and rotator cuff injuries. 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. Carroll R. v. Dep't of the Navy, EEOC Appeal No. A .gov website belongs to an official government organization in the United States. 30, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160846.txt. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. Frances A. v. Dep't of Justice, EEOC Appeal No. USPS Worker Arrested - Retaliation Goes Too Far. 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 complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. I know I use to be a Union Steward for National Association of Letter Carriers for seven years. Barbara S. v. U.S. 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. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. Kylee C. v. Dep't of the Army, EEOC Appeal No. 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. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. Elbert H. v. Dep't of Justice, EEOC Appeal No. Alonzo N. v. United States Postal Service, EEOC Appeal No. Sherrie M. v. U.S. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 0120160846 (Apr. XOs`4ueYh;Ex=B,Dv4 RhA8eKw/VAFGVg(Iz8u.V:\Ms|(pAGn%A@%xK b8@8\Kx78 Y> &L P dv0H4t0p40Ht00 @` h*D#8&i 4 a`M@, 0120132186 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. info@eeoc.gov 1300 L Street NW 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. 1-844-234-5122 (ASL Video Phone) 0120172637 (Mar. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. If you have questions contact the EEOC at: 131 M Street, NE Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. 2019001468 (June 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019001468.pdf. 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. The participation rate for FY 2008 was 0.77% and for FY 2005 was 0.88%. Heidi B. v. United States Postal Service, EEOC Appeal No. 2019005957 (Apr. Wilfredo M. v. Dep't of Treasury, EEOC Appeal No.
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