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Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. In these districts, the Postal Inspection Service investigated 145 . In 2009, an administrative judge awarded back pay with interest and $100,000 in compensatory damages. 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). Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. 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. The same year, several media outlets began to speculate that the USPS was going out of business. If there is not enough evidence to hold the employer liable, the victim could end up with nothing. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. Complainant was entitled to an award of $25,000.00 in nonpecuniary compensatory damages where he demonstrated that, because of the Agency's conduct, he endured emotional distress which affected not only him but his family relationships and that, due to his inability to gain employment, his depression worsened and he was unable to afford healthcare for treatment. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 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. EEOC Summarizes Policies on Monetary Awards. 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. Minda W. v. Dep't of the Navy, 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. 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. I wish i could say that this the full loss to the workers, The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. Mac O. v. United States Postal Service, EEOC Appeal No. For Deaf/Hard of Hearing callers: 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.". 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. 1 min read. 19, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_04_30/2021001898.pdf. Edward W. v. Social Security Admin., EEOC Appeal No. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. LockA locked padlock 0120180568 (Apr. 2019005682 (Apr. A .gov website belongs to an official government organization in the United States. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. 0120180137 (Apr. 0120172637 (Mar. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. We thank you all for your continued patience with this process. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. Postal Service, EEOC Appeal No. But these new rules would impose additional requirements on the EEOC that . Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 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. Moreover, some EEO complaints dated back as far as 2001. Agency denied Complainant a reasonable accommodation for his hearing disability when it did not provide a sign language interpreter during training and safety meetings; where the physical safety of employees in the workplace is the subject of discussion, it is uniquely pressing for Complainant to have access to the information being conveyed. 1-800-669-6820 (TTY) 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. 0120171870 (Mar. 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. 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. 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. The EEOC reopened and found that the Postal Service had not fully complied with its previous orders.. 2020001154 (Apr. The Administrative Judge properly awarded Complainant $3,000.00 in nonpecuniary compensatory damages where Complainant offered corroborative testimony from his family, friends, and colleagues; the AJ found that Complainant's testimony was not credible in some respects but was credible with respect to how the discrimination affected his family and work life; and the amount awarded was consistent with amounts awarded under similar circumstances. Washington, DC 20507 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. After the 1970 postal workers strike against the federal government, the USPS was formed to replace the US Postal Department, which was funded by Congress, with an organization that was run like a business, but which is not a government-owned corporation. American Postal Workers Union, AFL-CIO 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. According to the USPS' own written policy, "managers and supervisors are responsible for preventing harassment and inappropriate behavior could lead to illegal harassment and must respond. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. Buck S. v. United States Postal Service, EEOC Appeal No. 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. %%EOF 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. Iliana S. v. U.S. 536 0 obj <>stream Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. information only on official, secure websites. 8403 Colesville RoadSuite 1000Silver Spring, MD 20910, 610 South Ninth StreetLas Vegas, NV 89101, 2023 Gilbert Employment Law, P.C. Agency did not meet its burden to show that the disparity between Complainant's pay and that of two male general surgeons was based on a factor other than sex where Agency provided only vague statements to justify the pay differential and there was a lack of information reflecting how the salaries of Complainant and the comparators were set. Velva B. v. United States Postal Service, EEOC Appeal Nos. The claims, evidence, and legal briefs for all of our clients relief claims have been submitted to the EEOC Administrative Judge. 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.