Attorney Glenn L. Smith, a longtime PostalReporter.com advertiser is conducting a survey in order “to determine if there are enough postal employees who were asked to sign a PS Form 2488 or to disclose their medical records, in potential violation of the Rehabilitation Act, so as to support certification of a pending EEO case as a class action.” More info below:

“Wheeler Upham, P.C. is, on behalf of a client, in the process of petitioning the EEOC for class certification over her contention that the U.S. Postal Service’s use of PS Form 2488 and other documents to request access to employees’ complete medical records violates the Rehabilitation Act. Complainant contends the Postal Service standard request for an employee’s complete medical records via the PS Form 2488 is unlawful as the employee’s entire medical records are likely to contain information unrelated to whether the employee can perform his/her job without posing a direct threat. Presently, Wheeler Upham is in the process of trying to determine if there are enough potential class members to support class certification.

If at any point after June 1, 2015, the U.S. Postal Service requested your medical documentation by having you sign a PS 2488 or otherwise, please click on the survey link and complete the survey.

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This information is mandatory and is needed to identify as a potential class member and so that we have the ability to communicate with you if necessary.

PURPOSE OF SURVEY

We are trying to determine if there are enough postal employees who were asked to sign a PS Form 2488 or to disclose their medical records, in potential violation of the Rehabilitation Act, so as to support certification of a pending EEO case as a class action.

EEOC regulations may require you to take action to preserve a discrimination claim within as little as 45 days from the effective date of the action. If you believe that you may be aggrieved under the Rehabilitation Act and applicable EEOC regulations, you should review the notice of rights posting in your facility or visit http://about.usps.com/publications/pub133/pub133_010.htm for more information on how to preserve your rights and consult with a licensed attorney immediately. Wheeler Upham, P.C. expressly disclaims all liability to any persons with respect to actions they take or do not take based on their use or the contents of the survey.

Information provided by the user will be treated as confidential. The user understands, however, that such information may be disclosed to the staff, agents or contractors of Wheeler Upham, P.C., as well as to the EEOC and other parties to the litigation, including the USPS.

The survey is not intended to constitute advertising or solicitation. Wheeler Upham, P.C. does not intend to represent any person desiring representation based upon viewing the survey in a state where the survey fails to comply with all laws and ethical rules of that state. Participants will not be contacted unless a class certification is ordered by the EEOC or clarification or more information is needed for class certification purposes.

Take the Survey