Posts tagged ‘EEOC’

eeoclogoOver the next couple of weeks will be playing catch-up on posting legal cases filed by postal employees via  EEOC, MSPB, Federal courts and other government agencies.

Disability Discrimination

The Postal Service did not subject an employee to disability discrimination when a postal supervisor refused the employees request for accommodation. The employee, a letter carrier, had a medical restriction that he could not use a mail satchel because of a colostomy. The letter carrier’s supervisor refused his request not to use a satchel, while approving the request for accommodation of a co-worker, another letter carrier, after she fell and injured her knee on the job.  EEOC ruled  that the postal supervisor believed, however erroneously, that he was only required to grant limited duty to postal employees injured on the job . Continue reading ‘EEOC Class Action For Limited & Light Duty Postal Employees, Postal Employee Awarded $175,000’ »

Over the next couple of weeks will be playing catch-up on posting legal cases filed by postal employees via  EEOC, MSPB, Federal courts and other government agencies.  Two of the cases listed below are  updates on EEOC class actions.

The first cases are snippets of EEOs filed by bargaining and non-bargaining postal employees. Continue reading ‘Edmond Walker EEO nearly derailed, McConnell Class Action stalled and more postal legal cases’ »

PO-Fawnskin-2On 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. Continue reading ‘California Postmaster claims USPS used POSTPlan to discriminate against him’ »

usps2013The Postal Service has entered into a settlement to resolve all claims in a national employment discrimination class action lawsuit regarding deaf or hard of hearing employees and applicants. Among other things, the settlement requires the Postal Service to competitively select and enter into a contract with an independent ombudsperson. The ombudsperson will serve for a period of three (3) years, beginning October 29, 2013. In cooperation with the Postal Service Headquarters Disability Program Manager, the ombudsperson will monitor the Postal Service’s compliance with the injunctive relief provisions of the settlement through the establishment of a call center and designed email address. Continue reading ‘USPS hires Ombudperson as required by Deaf and Hearing Impaired court settlement’ »

eeoclogoA female Postal Inspector filed a formal EEO complaint on March 29, 2005 alleging that the Postal Service denied her promotional opportunities based on race and sex. She stated that these non-selections were part of a continuing pattern of discriminatory promotion practices. The female Postal Inspector was seeking class certification for all African-American female Postal Inspectors at the Inspection Service Law Enforcement (ISLE)-12 level and above who were “denied, or deterred from applying for promotions at the Postal Service.”

Initially, an Administrative Judge denied class certification and the case was remanded for additional information. EEOC ordered the Postal Service to obtain information concerning the race and sex of persons who were not selected for the Career Ladder Program, ISLE-13 and ISLE-15 level positions, and persons who were not placed on the ISLE-15 Selection Register during the applicable period. On remand, the Administrative Judge again denied class certification, finding that Complainant failed to establish “commonality, typicality, and numerosity.” Continue reading ‘Female Postal Inspectors EEO Complaint Allege Denial Of Promotions at USPS’ »

eeoclogoEEOC has issued a decision that the USPS did in fact breach class settlement agreement. EEOC has granted class agent Clarence Hill the right to sue on behalf of the the 77,000 plus disabled veterans.’ EEOC also granted Hill the right to seek new legal representation to continue the Hill v Donahoe case for disabled veterans and disabled applicants.

Overview of case: This lawsuit alleges that on or after March 19, 2004, the U.S. Postal Service violated the Rehabilitation Act of 1973 by asking disabled veteran applicants seeking the disabled veterans’ preference to bring medical documentation to an interview, in excess of that required to verify their entitlement to the preference, before conditional offers of employment were made. The Rehabilitation Act of 1973 prohibits employers from inquiring about an applicant’s present or prior medical status before making a conditional offer of employment to the applicant. Once the employer has made a conditional offer of employment, even an offer conditioned on passing a medical exam or review, the Continue reading ‘Update on Class-Action EEO Complaint Initiated for Disabled Veterans Against USPS’ »

Frequent contributor Don Cheney wanted to remind everyone about Department of Labor expanding the definition of “son or daughter” under FMLA

dol.jpgThe following is an abstract of Department of Labor’s “Administration’s Interpretation NO. 2013-1″ issued January 14, 2013-1

FMLA: The Department of Labor has expanded the definition of “son or daughter” under the Family and Medical Leave Act:

It is the Administrator’s interpretation that the disability of a son or daughter may occur or manifest at ANY age for purposes of coverage as a “son or daughter” 18 years of age or older under the FMLA. Moreover, because the FMLA’s definition of an adult “son or daughter” relies upon the ADA’s definition of “disability” as interpreted by the EEOC, the broad changes to the definition of “disability” set forth in the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and its implementing regulations are applicable to the definition of an adult son or daughter under the FMLA. Continue reading ‘FYI: FMLA’s definition expanded of an adult “son or daughter”’ »

New York (July 31, 2013) — A Washington federal judge on Thursday gave final approval to a settlement agreement requiring the U.S. Postal Service to fork over $4.5 million to end a decade long class action alleging that the agency did not provide reasonable accommodations to its deaf and hearing-impaired employees. Continue reading ‘USPS $4.6M Settlement in Deaf and Hard Of Hearing EEO Case Gets Final Approval’ »

This case is important because it confirms that EEOC can pursue claims of employment discrimination on behalf of persons whose identities may not be known at the outset of the case

Federal Court Allows EEOC Disability Case to Proceed, Denying United Parcel Service’s Appeal
Decision Important to Issue of Identifying Victims of Discrimination in Class Cases, Federal Agency Says

United-States-District-CourtlogoCHICAGO – A federal district court has denied United Parcel Service’s (UPS) motion to appeal an earlier ruling in favor of the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.  The contested ruling allowed the Commission’s disability discrimination case to proceed to the discovery phase.  (EEOC, et al., v. United Parcel Service, Inc., No. 09-cv-05291 (N.D. Ill. June 11, 2013.)

In its suit, originally filed in 2009, the EEOC alleged that UPS violated the Americans with Disabilities Act (ADA) by allowing only 12-month leaves of absence, failing to provide disabled employees with further reasonable accommodations for their disabilities, and firing them if they exceeded those parameters.  UPS moved to dismiss the EEOC’s complaint, arguing, in part, that the EEOC did not provide enough information about unidentified UPS employees for whom EEOC was seeking relief.  The court initially agreed and dismissed the EEOC’s complaint but allowed the EEOC to file an amended complaint. Continue reading ‘Court Decision Against UPS Important On How EEOC Can Pursue Class Cases of Workplace Discrimination’ »

The parties have reached an agreement to settle this class action .

Edmond Walker, et. al. v. Patrick Donahoe, Postmaster
On May 17, 2013, EEOC Administrative Judge Mulligan issued an Order Granting Preliminary Approval of the Settlement Agreement.
Notice of Resolution and Preliminary Approval will be mailed to all potential class members on June 17, 2013. Continue reading ‘Edmond Walker Class Action EEO Against USPS Settled for $17.25 million’ »