San Francisco, CA (Law Firm Newswire) December 19, 2016 – A former letter carrier who worked at the Sausalito, California, branch of the United States Postal Service (USPS) for over two decades filed a lawsuit alleging disability discrimination and retaliation.
The USPS was also accused of improperly disclosing his confidential medical records, according to the complaint filed in the United States District Court for the Northern District of California.
Plaintiff Kian McCarthy was fired in January 2011 for alleged unsafe driving and unauthorized use of overtime. McCarthy suffers from Asperger’s syndrome and various related mental disabilities including obsessive compulsive disorder, depression, avoidant personality disorder and anxiety. During his 24-year USPS career, he was subjected to multiple fitness for duty exams (FDE). All but one, which was later overturned, found the letter carrier fit to perform his job duties and not a danger to himself or other employees.
Attorney Jason Erlich of McCormack and Erlich, a San Francisco, California-based employment law firm, is representing McCarthy pro bono. “Mr. McCarthy faced a pattern of discriminatory treatment throughout his career because of his disability — being forced to attend mental examinations and tolerate unfair behavior from Postal supervisors,” Erlich commented. “Being disabled does not mean a person cannot play a valuable and necessary role in the workplace.”
According to the complaint, McCarthy’s supervisor repeatedly demonstrated discriminatory behavior toward him. Despite no history or evidence to support such fears, his supervisor compared him to another USPS employee who perpetrated a murder-suicide; and told another supervisor, “I am deeply concerned for my safety and other employees as well.”
In another workplace incident McCarthy’s supervisor publicly humiliated him, deriding his condition by calling him “the fool” in front of other USPS employees during a pep talk in 2010. In addition, the lawsuit claimed USPS never corrected the improper access that Sausalito postal supervisors had to McCarthy’s private medical records.
A doctor’s report from McCarthy’s fourth FDE in September 2010 urged the USPS to provide him with “workplace support and accommodation.” The doctor also said McCarthy should be encouraged to seek private therapeutic counseling. He warned that failure to do so may result in “recurrent problems.”
According to the lawsuit, despite knowing about McCarthy’s history of mental disabilities, the USPS did nothing to implement the doctor’s recommendations for reasonable accommodation or offer to discuss such accommodations. Instead, McCarthy was ridiculed and baselessly treated as a potential threat. He is seeking compensation for lost wages, earnings, employee benefits and punitive damages, as well as reinstatement to his former position.
“Employers are required by law to participate in an interactive process with the employee to talk about reasonable accommodations in the workplace,” said Erlich. “This involves a discussion of any changes or assistance the employer can provide to enable the employee to do his or her job despite having a disability.”
Shoulda put in for 204b, then become one of “them”, then it coulda been you chastising another employee for their shortcomings. That the way to play the game.
USPS, is the dirtiest company anyone can work for. No wonder the are loosing billions of dollars. It’s a nasty toxic atmosphere too.
Be glad you are out of that unhealthy, nasty, filfty , disgusting, zoo!
After reading Wendy’s post, maybe this guy should have killed somebody. This is pure speculation on my part. I in no way advocate violence by gun fire toward anyone in any position of authority within the USPS despite any unrealistic expectations of performance or privacy compromised by any individuals within the management ranks of the USPS. I only maintain an opinion that when massacres do occur within postal facilities like what occurred in Royal Oak and Edmund years ago, scrutiny is placed on harassment that has gone unabated for years. We seem to fall into the same pattern with management abuse until an event happens that sheds light on what too many experience on a daily basis. Just like in elementary, middle and high school, when you pick on the wrong person, bad things can happen. Trayvon Martin learned this the hard way.
Well said. What they don’t want you to have is any freedom of
being able to question their actions. Out of sight out of mind is their
motto.
USPS discriminates against the majority of employees with a injuries/disabilities. I am one, I was forced to accept a job offer that wasn’t modified. The job offer in writing was modified but the job wasn’t. The EEO specist told me not to force them to find me work within my restrictions.
I filed numerous complaints to EEO and everyone I could think of. I worked in excruciating pain for nearly four years. I am now in a leave without pay status due to injuries from working this job.
Department of Labor is just as bad as USPS. They allowed a claims examiner to play around with my claim over four months then deny.
Now, I requested a reconsideration and they can once again take over ninety days to make a decision. They had enough information to accept claim. I had to have surgery. My credit is being ruined. This has been a nightmare. One thing I know for sure, Evil workers of iniquity, will answer to God one day. There is light at the end of the tunnel.
I am very sorry. This is wrong but that doesn’t change anything. The
truth is like you said that God deals with it always. Please look around
and see if there is help in some other way than you have already tried.
IT doesn’t hurt to pray as sometimes there is a answer.
Really surprised this guy didn’t go postal and kill someone.
That is what these bone heads what is someone mad. Like the gentleman said is this has been going on for 30 years. It doesn’t matter
The people in power want you mad but you have to be like India with the
salt. Every thing these days is about the active shooter and how common
sense doesn’t matter. You always must do what is right.
even though I did not Graduate from Medical School I did attend a PO diversity course on slips and falls, so in the Postal Circus World what I say goes…..remember that old Japanese saying “the nail that sticks out-gets hammered in”. so a word to the wise, step out of line and we will crush you like the cockroaches that you are, other than that have a very un politically correct Merry Christmas. don’t bother to call me as I will counting my bonus money that I made off you slugs carrying mail like a pack mule! my boss IOD Muffin Meaghan approves of this message. ( as long as we hide from President Trump)
I am currently in the same boat. FMLA, I have been mistreated because of it. I got injured on the job and have been back at work, but am treated like a piece of s**t.
Managers start rumors about me. 20 years and this is the first time I was injured, no matter, piece of crap. Union stewards are very close to management. good old buddies and I am just waiting for the day they serve me termination papers because there is no where to go but down. with my last breath, I will pursue this on my own through other channels and give it my best attempt, no leaking union information, I have to keep them out of the loop on it because I know it will only accelerate the situation. Good luck to this fella, it is a very hard road indeed, even with all the complaint process departments, your on your own.
YOU are right the answer if there is one is some thing that you do on
your own. The problem is nation wide, if you read what is said.
good luck
I had the same problems with my supervisors at the post office a few years back when I had to disclose my diabetic condition and presented a doctor’s note for workplace accommodations. I was harassed repeatedly for years and forced to “pivot” when I was restricted to eight hours per day. Luckily, I was able to take an early retirement.
I hope this poor fellow gets the justice he deserves.
The management employees are usually protected, and can treat the “slaves” anyway they want. A few years ago in Cleveland the area manager sent the employees a letter to our homes that said that many Postal employees were dishonest, and the Postal Inspectors would watch us . Our union complained and a short time the area manager was disciplined. He wound up in Washington with a nice soft office job! I believe he was in charge of the coffee and donuts. The bottom line is this, the low life dirt should just know your place. Work for free and at the end of the day hide so the rich can’t see you.
Nothing you could do will change things like this from happening. Postal supervisors are oblivious to criticism and never own up to their actions. I hope this employee prevails in his law suit but I know that higher ups in the PO will not discipline those supervisors for their actions. After Royal Oak and similar violent incidents you would think that management would take notice and try to institute new procedures and training to help managers deal with employees who have issues.
So what accommodations did he need?
With the continued well documented abuse of employees by managers nationwide it’s disturbing indeed that more of these instances of abuse, humiliation, breach of confidential medical information, and constant threats to targeted employees hasn’t reached national news levels. Yes, internet blogs help, but whom outside the USPS, its employees, unions and families spend their time browsing related websites any more than you or I would waste time on other web pages in businesses and industries we have nothing to do with?
The NALC should be all over this and other similar incidents, protecting individual identities and locations, but nonetheless making the case to Congress and the country at large just how disgusting, immature, unprofessional and just plain damn mean as hell far too many supervisors and managers plague the USPS, and no doubt are inept in other areas of their jobs, too. But the union doesn’t, and by extension sends a message that it’s really not that concerned about workroom situations beyond the usual cliches. I understand the reasons for privacy, but in the vast numbers of this kind of abuse, more affirmative and high visibility action is necessary. I am not suggesting that the union doesn’t represent its members – it does, although there are admittedly some offices where union participation is lax, corrupt or non-existent. I speak of sheer numbers indicating a national problem, and as such deserves national comment and attention.
In the interest of fairness, I also want to remind readers that there are plenty of offices that have good management who do a good job of treating employees, and mine was one of them (I retire very soon and am out for surgery and won’t return). So those who do enjoy a good relationship be grateful. If you don’t, and your local NALC or other union branch will not defend you, contact your Business Agents or even national headquarters if need be. No working man or woman in the USPS should ever have to be in an atmosphere of maltreatment, favoritism, bullying, humiliating, sexual predation or unsafe working areas. If you don’t speak out then who will?
i agree supervisors can accelerate many issues, they are NOT people oriented.
I am very sorry for this employee. I can understand how unfair this person was
dealt. In Michigan I was poisoned with heavy metals . My blood pressure was 220/120
which led to a stroke after 32 days. The post office never made out a report with
OSHA. They only told me that I could not talk about it. I have fought and won my disability from OPM. I still am waiting for OSHA of Washington DC to review my
complaint. Someone at USPS should be held accountable.
This is a common, recurring problem which manifests itself within the ranks of postal management. I was forced to resign for basically the same reasons. I later applied for reinstatement but, was told that my experience and protected status meant nothing because, the US Postal service, IAW JCAM, is only hiring for CCA letter carrier positions.
Fire the fools and toolbags for their behavior and outright
wickedness. Supervisors and Managers like these idiots
are reprehensible buffoons who should be forced out and made
responsible for any monetary damages. That would go a long way
in stopping these continuous despicable acts against craft
employees.