2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Where Agency failed to provide evidence of its compliance with Commission's orders, and its refusal to report on its compliance appeared to be part of an ongoing pattern of similar failures, Agency was ordered to provide an analysis of its Fiscal Year 2018-2019 reporting on compliance with EEOC orders and a detailed action plan setting forth how the problems identified in its analysis will be corrected. Complainant stated a viable claim of harassment based on race and national origin where Complainant alleged that subordinate disparaged Chinese immigrants, mocked Complainant's language and communication skills, insinuated that Complainant was un-American, and interfered with work performance. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. USPS employee wins discrimination and harassment claim with the EEOC. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. Complainant's ADEA claims reinstated where settlement agreement was not valid under the Older Workers Benefit Protection Act because it did not state that Complainant was waiving her claims under the ADEA, Complainant was not advised in writing to consult with an attorney before executing the agreement, and the record did not reflect that Complainant was given a reasonable amount of time within which to consider the settlement. Lamar M. v. U.S. USPS expended a total of $4,541,324 for 3,014 complaint investigations, for an average expenditure of $1,507. Your claim in this case is a personal asset. The same year, several media outlets began to speculate that the USPS was going out of business. 0120063761 (4/8/08) and ordered the agency to conduct a supplemental investigation on the issue of the complainants entitlement to compensatory damages. Secure .gov websites use HTTPS 2020001024 (June 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001024.pdf. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . The Agency articulated a legitimate reason for disciplining Complainant, but it did not explain why other employees who engaged in similar behavior were not disciplined. The U.S. January 17, 2020 - Status Update - Pittman Settlement Letters. The EEOC found that $8,000.00 was an appropriate sum for damages based on three major factors. I know a 0120182156 (Sept. 12, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182156.txt. XOs`4ueYh;Ex=B,Dv4 RhA8eKw/VAFGVg(Iz8u.V:\Ms|(pAGn%A@%xK b8@8\Kx78 Y> &L P dv0H4t0p40Ht00 @` h*D#8&i 4 a`M@, She alleged that the USPS has subjected her to disability discrimination and harassment. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. We thank you all for your continued patience with this process. March 1, 2023 12:32 pm. Unfortunately, some of our clients in this case have passed away. We share your frustration with how long this is taking, and we share your anger with the Postal Services continued efforts to delay justice in this case. 0120170362 (Feb. 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. Heidi B. v. United States Postal Service, EEOC Appeal No. Equal Employment Opportunity Commission (EEOC) discrimination allegations. Their is no accountability in Michigan, so why would i be surprised !. Official websites use .gov Administrative Judge's remedial order requiring Agency to develop and adopt policies and procedures concerning the recruitment and selection of employees for non-competitive, temporary positions and to ensure equal opportunity and consideration in the selection process was appropriate. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Agency liable for harassment and constructive discharge based on sexual orientation where, although Agency removed the harasser from the work schedule at the restaurant where she and Complainant worked pending an investigation, it allowed her to return as a customer--where she continued to harass and threaten Complainant with bodily harm--and it then returned her to the work schedule; under these circumstances, it was reasonable for Complainant to feel so threatened that he resigned. Speaking of Special Interest Groups it is pathetic. Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 2020002082 (Sept. 15, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002082.pdf. The AJ certification decision recited evidence that the goal of NRP was to assign work to employees who had an approved compensable injury as determined by the Department of Labor. 0720150010 (Sept. 2, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150010.txt. While the parties may voluntarily settle a claim early in the process or wait until the EEOC completes . The settlement provided that USPS will pay, in full settlement of all claims in this Case: The total sum of three-million-eight-hundred-fifty-thousand-dollars ($3,850,000) During the coming weeks, we will not only be analyzing the spreadsheet for the Agency's compliance with the Judge's Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Thersa E. v. U.S. 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180736.pdf. by Kirk Angel | Mar 16, 2021 | EEOC, Employment Law, General | 0 comments. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. Find your nearest EEOC office 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Colby S. v. Dep't of Veterans Affairs, EEOC Appeal No. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. Herschel T. v. National Aeronautics and Space Admin., EEOC Appeal No. Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. 0120171405 (Mar. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. Claimants and their attorneys/representatives may use this site to update contact info, submit correspondence and/or supporting documentation, and view orders entered in the case. info@eeoc.gov Eleni M. v. Dep't of Transportation, EEOC Appeal No. Although Complainant prevailed on only two of his thirteen claims, his hostile work environment claim was not fractionable from his successful claims because they arose out of a common core of facts which took place during his approximately nine months of employment. We will update the list periodically with the most recently issued decisions. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. Where there is an actionable third-party retaliation, both the employee who engaged in the protected activity and the third party who is subjected to the materially adverse action may state a claim. Complainant, the only African-American plumber at the facility where he worked, was subjected to a hostile work environment based on race when coworkers tampered with his toolbox and left notes in it saying that African Americans did not have the skill sets to be plumbers, attempted to restrain him to a chair with a metal clamp, referred to him as a goat, and duct-taped him to a chair; the Agency was liable for the racial harassment because it did not take immediate and appropriate corrective action after Complainant reported the first, toolbox incident. Agency dismissal of complaint for failure to state a claim, on ground that Commission did not have jurisdiction to review substance of security clearance, reversed where agency made a determination based on suitability, not a security clearance. Ashlee P. v. Social Security Administration, EEOC Appeal No. Thomasina B. v. Dep't of Justice, EEOC Appeal No. I am a member of this class action. 2019002318 (Apr. That class action complaint, covering all injured-on-duty employees who were reassessed under the NRP during the period 5/5/06 through 7/1/11, was decided by the EEOC in September 2017 and finalized in a March 9, 2018 decision. Permanent Workforce: 622,045 Temporary Workforce: 85,843 Total Workforce: 707,888. 2 The present-day value of comparable cases is to be considered when determining an award of emotional distress damages. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. 0720180009 (Apr. Foster B. v. Dep't of Health and Human Services, EEOC Appeal No. Mr. Angel has represented federal employees, including USPS employees for nearly 15 years. Celine B. v. Dep't of the Navy, EEOC Appeal No. Racial slurs, in and of themselves, may be sufficiently severe to constitute a hostile work environment even if the derogatory comments were not aimed at the complainant. [9] These numbers reflect an increase in the percentage of Title VII settlements compared to 2016-2019. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. Complainant not entitled to award of Thrift Savings Plan reimbursements where there was no evidence that she participated in the program. It is by no accident that our craft is taking positive strides. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. 012082505, Agency Case No. All rights reserved. In our continuing commitment to require postal managements compliance with the August 2016 arbitration decision rendered by national arbitrator Shyam (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) The Equal Employment Opportunity Commission (EEOC) recently unveiled regulations to modify the presuit conciliation process in hopes of finally settling some employment disputes. This resulted in an award of $15,000 in non-pecuniary damages as the agency claimed that Padilla had not experienced any long-term mental or physical illness nor any emotional harm.