Posts tagged ‘EEOC’

pregnancy_discrimination_act_of_1978WASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses.  The Enforcement Guidance, Q&A document, and Fact Sheet will be available on the EEOC’s website.

This is the first comprehensive update of the Commission’s guidance on the subject of discrimination against pregnant workers since the 1983 publication of a Compliance Manual chapter on the subject.  This guidance supersedes that document and incorporates significant developments in the law during the past 30 years.

In addition to addressing the requirements of the Pregnancy Discrimination Act (PDA), the guidance discusses the application of the Americans with Disabilities Act (ADA) as amended in 2008, to individuals who have pregnancy-related disabilities. Continue reading ‘EEOC Issues Updated Enforcement Guidance On Pregnancy Discrimination’ »

Inside-Counsel_LogoPrivately initiated discrimination lawsuits are not uncommon in the United States, and while they were down year-over-year, the number of filings in 2013 was still significant and costly for businesses.

Inside Counsel,  a monthly magazine exclusively serving general counsel and other top in-house legal professionals has created a list of the top ten “most expensive discrimination class action settlements” of 2013. USPS is listed at #6: Continue reading ‘USPS case makes Top 10 list of ‘most expensive discrimination settlements’ in 2013’ »

marcotte_jThe Postmaster General and the USPS are lobbying Congress. What are they asking legislators to do?

  • Reduce letter delivery to five days per week;
  • Deny new hires a “defined benefit” retirement (pension) plan;
  • Force injured workers into a poverty retirement.

If these points look familiar, they should! They are all part of the severely flawed Senate bill (S. 1486) sponsored by Sen. Tom Carper (D-DE) and Sen. Tom Coburn (R-OK).

There is no doubt the Postmaster General’s fingerprints are all over this terrible legislation. Promising savings, the PMG is slowing down the mail, closing processing facilities, selling post offices and destroying postal service to America.

But the savings the PMG predicted haven’t materialized. What has happened instead is delayed mail, poor service and letter carriers delivering mail well into the night.

The lobbying is not just happening in Washington, DC. Presentations in the field to members of Congress include the same misleading propaganda. Continue reading ‘PMG’s Demands: Bad for Postal Workers’ »

Update from Don Cheney: “Some Pittman EEO class members think that previously settled claims and grievances are affected. They are not. Rather, it is outstanding claims and grievances that would be waived by signing the Claim Form and Release. The one exception is the McConnell EEO class action regarding the National Reassessment Process. Pittman EEO class members with outstanding related claims and grievances should discuss their options with their attorney and union representative before signing the Pittman Claim Form and Release. The deadline is June 19th.”pitt2014

June 13, 2014- APWU members who are potential participants in the settlement of a class-action discrimination case against the Postal Service must make a decision by June 19, but they should exercise caution in doing so, warns Human Relations Director Sue Carney.

Continue reading ‘Potential Participants in Class-Action Settlement Should Exercise Caution, APWU Warns’ »

eeoc logoThis is an interesting article that may apply to some postal workers.

Since 1964, when Congress passed Title VII to prohibit religious discrimination in the workplace, employers have faced myriad situations involving the religious accommodation of employees. Recently, the U.S. Equal Employment Opportunity Commission (EEOC) published both a fact sheet and a question-and-answer guide, addressing how the federal law applies to employers’ dress codes and grooming policies that may conflict with various religious customs. For example, according to the EEOC:

  • A policy requiring male employees to wear their hair short may conflict with a practicing Nazirite’s beliefs, which include not cutting one’s hair.
  • A policy prohibiting employees from wearing head coverings may conflict with a Muslim woman’s practice of wearing a religious headscarf during Ramadan.

Continue reading ‘EEOC Guidance Addresses Religious Dress and Grooming Practices in the Workplace’ »

eeoc logoOn May 5, 2014, the Postal Service mailed to RJ Pittman (aka Edmond Walker) EEO class members a Claim Form and Release. Buried in the Release are some severe consequences to be aware of. Pittman EEO class members consist of disabled employees in permanent rehabilitation assignments/limited duty positions whose duty hours during the period from 3-24-2000 to 12-31-2012 were restricted in violation of the Rehabilitation Act, e.g. they were improperly denied straight time hours and overtime.

The Release says, “If any labor union has filed, or files in the future, any grievance(s) (Step 2 or higher) and/or arbitration(s) making claims substantially similar to those made in this Claim for conduct during the class period, I will instruct the union to withdraw any such claims pending at any level of the grievance-arbitration process. In the event that any labor union disregards my instructions, I shall refuse to accept any remuneration or relief for such claims which may be ordered as a result of any such grievance. In the event that I nonetheless receive such remuneration, I shall Continue reading ‘Editorial: Traps in the Pittman vs. USPS EEO Settlement’ »

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’ »