On January 5, 2013,  Michael J. Hillion,  “Postmaster” of the Post Office in Fawnskin, California filed a formal EEO complaint alleging that USPS subjected him to discrimination on the bases of race (Caucasian), sex (male), color (white), disability, age (50), and reprisal in how USPS’s “POStPlan” was applied to his facility.  In support of his claim, the Postmaster alleged that, on October 17, 2012, his manager told him that the Fawnskin post office would become a “Remotely Managed Post Office” with operating times reduced to two hours per day and his position would be phased out, effective January 2013.  The Postmaster also alleged that his manager told lies about him and the office at the POStPlan community meeting; scolded him for not being a team player; and ignored facts about the Fawnskin facility in the POStPlan. During EEO counseling, the Postmaster specifically alleged  the Fawnskin facility and position were targeted for closure because he had testified on behalf of a co-worker at an EEO hearing.

USPS dismissed the complaint noting that there was no present harm or loss to Postmaster. USPS claimed that the decrease in operating hours at the Fawnskin Post Office would not become effective until September 20, 2014, and that the Postmaster would remain in his position with the same pay, code, position title, and grade until that date.

EEOC disagreed with USPS’s dismissal of the Postmaster’s complaint.

EEOC noted that since the Postmaster had alleged that the Fawnskin Post Office and position were targeted because he testified at a co-worker’s EEO hearing, he has a viable claim of reprisal. Therefore, EEOC reversed USPS’ final decision dismissing Postmaster’s reprisal claim and REMANDED the case for further processing.

This is not the first EEO case for Michael Hillion

In 2007, EEOC found found that Hillion was subjected to retaliation for his prior EEO activity. The EEOC initially affirmed the Administrative Judge’s decision to impose sanctions against USPS for its failure to comply with an order to submit a pre-hearing report, including a proposed list of witnesses, by denying USPS the opportunity to present witnesses at the hearing. The EEOC then found that Hillion, who had a well-known history of participating in the EEO process, was subjected to retaliation when USPS terminated his detail assignment, did not allow him to return to work after using Family Medical Leave Act (FMLA) leave, instructed Hillion to turn in a change of schedule request in order to attend an EEO hearing, denied his “no lunch” scheduling request, and failed to submit FMLA paperwork. The EEOC noted that, despite prior findings of discrimination, Hillion’s supervisors continued in their efforts to punish him for engaging in protected EEO activity. The EEOC ordered USPS  to provide Hillion with training assignments that would aid in the performance of a higher level detail, and a higher level detail assignment.

Footnote: The POStPlan is a nationwide program designed to “right-size” postal facilities while ensuring communities access to postal services.  Under the plan, certain facilities are scheduled for closure and services are combined with those offered at other facilities.  As part of the POStPlan, public meetings are held in the affected communities.
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