EEOC 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 Rehabilitation Act permits a disability-related inquiry. The USPS has admitted that it violated the Rehabilitation Act by making medical inquiries before conditional offers of employment in 60 districts during specific time periods.

In September 2011 the parties reached a settlement to resolve the claims in this case.  Over 9,500 Class Members returned timely claim forms to the Claims Administrator to receive damage payments of up to $1,000 per person.  But several Class Members objected to the Settlement and filed appeals with the EEOC’s Office of Federal Operations so the Settlement Agreement did not into effect.

The settlement agreement in part stated:
After the instant Class Complaint was filed and continuing through the lengthy discovery process, the USPS undertook a far-reaching process to determine which of its Districts had a pattern or practice of violating the Rehabilitation Act, 42 U.S.C. § 12112(d)(2), by asking disabled veteran applicants seeking disabled veterans’ preference to bring medical documentation to an interview, in excess of that required to verify their entitlement to that preference, before a conditional offer of employment has been made, and what steps needed to be taken to bring the USPS in compliance with the Rehabilitation Act in the future. As a result of this process, the USPS took a number of important steps to ensure that its staff complies with the Rehabilitation Act and made critical changes to its hiring practices that District human resources staff must follow with respect to disabled veterans who seek the disabled veterans’ preference, some of which are set forth below. The USPS has implemented these changes throughout its 80 Districts.

In full settlement of all Potential Class Members’ Claims, the Parties agree to a total settlement of $11.2 million. The sum is comprised of: (1) a Class Fund of $9.58 million (hereinafter the “Class Fund”),unless otherwise modified by Section 8(B) of this Agreement, which shall be distributed to Eligible Class Members through the payment of Settlement Shares and Service Awards; (2) $250,000 to cover the estimated cost of Settlement Services, Inc.’s settlement administration and processing of claims; (3) $1.35 million for attorneys’ fees and costs paid to Class Counsel; and (4) up to $20,000 to be paid to the Complainant or added to the Class Fund pursuant to Section 8(B).

see previous article on this case: USPS Settles Class Action Discrimination Lawsuit Filed For Disabled Veterans