Don’t expect for McConnell…et al vs USPS to be settled anytime soon
In 2006, rural carrier Sandra McConnell was reviewed under the National Reassessment Program (NRP) in the USPS Western New York District. McConnell had been working in a rehabilitation modified carrier position for over eight years. However, after the NRP review, McConnell was stripped of her modified position and ordered to go home with “no work available.”
An EEO complaint was filed in 2008 charging that USPS discriminated against all rehabilitation and limited-duty postal employees with a disability by implementing the NRP.
The members of this class action are postal employees in a permanent rehabilitation or limited duty status of the Postal Service who were subjected to the NRP from May 5, 2006 through July 1, 2011.
Last year the EEOC Administrative Judge (AJ) issued a decision in favor of class members.
The Administrative Judge decided that USPS’s NRP violated the Rehabilitation Act on four claims:
(1) Wrongful Disclosure of Medical Information—USPS failed to require redaction of an employee’s medical information as part of the NRP;
(2) Failure to Provide a Reasonable Accommodation—USPS sent employees home with no-work available or partial no-work available determinations, or sent employees to new assignments as part of the NRP;
(3) Disparate Treatment of Injured on Duty Employees—USPS targeted employees and sought to compel retirements under the NRP;
(4) Harassment—USPS created a hostile work environment under the NRP.
However ,USPS has indicated to attorneys representing class members that it will “appeal the Administrative Judge’s decision.”
Unfortunately for class members patiently awaiting settlement of the EEO case may be disappointed to learn it may take another 2-10 years. Also, as the attorneys explained to class members– the AJ may not award any monetary relief.
Edmond Walker Class Action EEO Against USPS Settled for $17.25 million -But postal employees had to wait over 11 years
Here is a brief Timeline of the Sandra McConnell vs USPS EEOC class action case.