Postal Worker Wins Over $200,000 In Discrimination/Retaliation Court Case Against USPS

August 4, 2012 by · 5 Comments
Filed under: eeo, postal news, usps 

Correction – Moresi was still employed by USPS during the cited years, so she was paid the difference between EAS 19 and EAS 16

On March 9, 2012, in U S District Court, Western District of Tennessee, Chief Judge Jon McCalla signed an opinion and order stating that the Defendant, former PMG John Potter, through its employee Bobby Mays retaliated against plaintiff (Susan L. Moresi) when it placed her on administrative leave. Accordingly, Ms. Moresi has established discrimination by Defendant in violation of Title VII.  The Court also found that Defendant retaliated against Ms. Moresi through its employee Dennis Nott when it demoted her and reduced her pay.  Read more

EEOC Issues Final Rule Revising Federal Sector Equal Employment Opportunity Complaint Process

July 24, 2012 by · 3 Comments
Filed under: eeo 

WASHINGTON – The final rule was coordinated with other federal agencies and reviewed by the U.S. Office of Management and Budget. The rule was posted for public inspection today and will be published in the Federal Register on Wednesday, July 25, 2012.

The final rule contains a number of key revisions to 29 CFR Part 1614 (“Federal Sector Equal Employment Opportunity”):

  • As part of the EEOC’s authority to review agency programs for compliance with EEOC directives and guidelines which promote equal employment opportunity in the federal workplace, the EEOC can issue notices to agencies when non-compliance is found and not corrected.
  • Agencies can seek approval from the EEOC to conduct pilot projects in which the complaint processing procedures vary from the requirements of Part 1614.
  • A complaint which alleges that a proposal or preliminary step to taking a personnel action is discriminatory can be dismissed unless the complainant alleges that the proposal is retaliatory.
  • An agency that has not completed its investigation in a timely manner must inform the complainant in writing that the investigation is not complete, provide an estimated date of completion, and remind the complainant that he or she has a current right to request a hearing or file a lawsuit.
  • An administrative judge’s decision on the merits of a class complaint is a final decision, rather than a recommended decision, which an agency can implement or appeal.
  • Agencies must submit appeals and complaint files to the EEOC in a digital format, unless they can establish good cause for not doing so. Complainants are encouraged to submit digital filings.

Major revisions to the federal sector EEO complaint process were last implemented in 1999. Since then, in response to stakeholder dissatisfaction with certain elements of the process, the EEOC has held a public meeting on federal sector reform. It also established a Commissioner-led Federal Sector Workgroup to obtain suggestions for reform from complainants, agencies, unions, civil rights groups, and other stakeholders. This final rule is a product of the recommendations of the workgroup and the comments the EEOC received from the public and during the inter-agency coordination process. The Commission will revise Management Directive 110 to provide additional guidance regarding the changes made by the final rule and will continue to assess the federal sector EEO complaint process with a view to further improvements.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its public web site at www.eeoc.gov.

See Also

Questions and Answers on EEOC’s Final Rule Implementing

Revisions to 29 CFR Part 1614

EEOC Update: Notice to Walker vs USPS Class Members

January 11, 2012 by · 8 Comments
Filed under: eeo, postal, postal news, usps 

This is being sent to you to correct mistakes made by the Postal Service in the last mailing to class members. It was the Agency’s responsibility to provide correct information and to include an Initial Inquiry Regarding Damages, which it failed to do. The failure was in no way due to error by the Commission or the attorneys for the class. Please do not contact the judge or the lawyers for the class about this Notice. You may contact the Agency at the following number for the designated Walker contact person responsible for compliance with the order to send out the Initial Inquiry: Joseph Hopkins or Karla Malone at 855-449-0911 (toll free). Read more

Deadline to Submit USPS Questionnaires For Walker EEO Class-Action Case is Dec. 15

December 8, 2011 by · 3 Comments
Filed under: APWU, eeo 

Time is running out for postal employees involved in the Walker Class-Action lawsuit to return questionnaires they recently received from the Postal Service. The class-action complaint alleges the USPS discriminated against the employees on the basis of disability; the questionnaire [PDF] is about damages the employees may have suffered. Read more

Edmond Walker vs USPS EEO Class Survey

November 29, 2011 by · 10 Comments
Filed under: eeo, postal, postal news, usps 

This survey was sent via Priority Mail with Delivery Confirmation to about 26,000 potentially eligible postal employees nationwide. It’s due back December 15th.

A little background on the case:

Edmond Walker, a Temporary Rural Carrier Relief, filed a class complaint alleging that discriminatory acts had been continuing for a class of disabled permanent rehabilitation employees in the Postal Service. The EEOC Administrative Judge certified the class. note: The Walker case is sort of a spinoff of the Glover/Albrecht EEO class action.

Edmond C. Walker, the class agent in the Walker class action, filed a complaint on August 19, 2002. Walker alleged that, since April 2000, the Postal Service discriminated against individuals with disabilities by:

1.  Placing disabled individuals in permanent rehabilitation positions without engaging in the interactive process as required by law;

2. Restricting disabled individuals who are placed in permanent rehabilitation [sic] to limited work hours without any medical justification and without consulting the individual with a disability;

3. Fail[ing] to allow individuals with a disability, who have been placed in permanent rehabilitation positions, to work the number of hours determined appropriate by the individual and his/her physician and which are available; and

4. Fail[ing] to allow individuals with a disability, who have been placed in permanent rehabilitation positions, to use assistive devices in the workplace to accommodate their disabilities, including but not limited to, electric scooters, notwithstanding that said assistive devices pose no threat to safety or inconvenient [sic] in the workplace.

This claim has been analyzed to include denial of overtime.

Edmond Walker EEO Class Survey (PDF)

EEO Complaint Alleges Postal Police Officers Denied USPS Paid Benefit Offered To Postal Inspectors

September 11, 2011 by · 3 Comments
Filed under: eeo, postal, postal inspectors, postal news, postal police, usps 

Did USPS properly addressed a Postal Police Officer’s class claim allegation that she was discriminated against because the USPS does not offer self-referral counseling to its Postal Police Officers?

In a complaint dated June 22, 2008, a Postal Police Officer (PPO) in USPS’s Los Angeles Post Office in Pasadena, California maintained that she was subjected to discrimination on the bases of race, national origin, sex (female), religion, color, disability, age, and reprisal for prior protected EEO activity [under Title VII] when, on April 15, 2008, she was made aware that Postal Inspectors are provided with self-referral counseling, which she alleges, has a disparate impact on Postal Police Officers nationwide.  The PPO explained that she experienced job related P.T.S.D., when she returned to duty after a near fatal job-related car accident, and had to utilize public health care facilities through her HMO.  However the program offered to Postal Inspectors is paid for by USPS.  The PPO is seeking a class complaint concerning this issue. Read more

Appeals Court Upholds Firing of Acting Postal Supervisor (204B) For Timecard Fraud

August 10, 2011 by · 6 Comments
Filed under: eeo, legal cases, postal, postal news 

Acting Postal Supervisor was terminated for falsifying timecard but not his female boss (Postmaster)

Charles Wilcher, a 204B (acting) supervisor from the letter carrier craft, claimed he was “working” on July 5, 2006 when he spent the day with his Postmaster .  She was also accused of getting paid for July 5, 2006 even though it was alleged that she did not actually work that day.  She was initially demoted to the position of Supervisor of Customer Service, but was subsequently returned to her position as Vineland Postmaster.  Eight months after the incident Wilcher was issued a Notice of Removal.  After a grievance filed by the National Association of Letter Carriers (NALC) , a three-day arbitration hearing and two formal complaints filed with the EEOC, his removal was upheld.   The District  and Appeals Courts upheld Wilcher’s removal finding no discrimination. Read more

USPS Settles Class Action Discrimination Lawsuit Filed For Disabled Veterans

June 12, 2011 by · 39 Comments
Filed under: eeo, postal, usps, veterans 

According to Hill vs Potter : Clarence Hill filed a class complaint alleging that the Postal Service discriminated against him and all disabled veteran applicants by making improper pre-employment medical inquiries. On February 18, 2011, Judge Davi named Corey Baskerville, Zedrick Jenkins,and Frank Vander Haar as additional Class Agents. Clarence Hill has not agreed to the settlement as yet. His objections to the settlement agreement will be the subject of a separate post. Read more

New Regulations On ADA Amendments Act of 2008 Broadens Definition Of Disability

April 10, 2011 by · 3 Comments
Filed under: eeo, postal 

On March 25, 2011, the U.S. Equal Employment Opportunity Commission (EEOC) issued new regulations governing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The regulations greatly broaden the definition of “disability” under the ADAAA, making clear that to “substantially” limit a major life activity, an impairment need not be “significantly” or “severely” limiting, as was previously established by Supreme Court precedent. Among other things, the list of impairments has been expanded to best define what it means to be disabled. Conditions covered include autism, cancer, cerebral palsy, diabetes, epilepsy, HIV infection, multiple sclerosis, muscular dystrophy, depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia. Employers now have fewer than 60 days until the new regulations become effective on May 24, 2011. . Read more

Class Action EEO Pending For USPS Improperly Requiring “Forensic Psychiatric Evaluations”

February 22, 2011 by · 3 Comments
Filed under: eeo, legal cases, postal, postal news, usps 

Postal Employees: “Were You Mandated to Submit to a  “Forensic Psychiatric Evaluation” Before USPS Allowed You Back To Work?”

The EEOC has pending before it a Petition for Class Certification over the Postal Service’s:

(1) refusal to properly train their medical unit and management personnel regarding obligations under the Rehabilitation Act; as instructed to do so in EEOC Appeal No. 0720080044, (See, Grayson v. USPS, dated 1/6/2009..see brief below)

 2) By mandating that certain employees submit to “Forensic Psychiatric Evaluations” (before allowing these employee’s to return to work).

“Complainant’s contentions are that these Forensic Psychiatric Evaluations are not shown to be job-related and consistent with the business necessity of the Agency, thus such evaluations are improper. Complainant submits this complaint as a “Class Action Complaint”, which is ongoing.”

I am looking for other employees who were mandated to submit to a “Forensic Psychiatric Evaluations” If any postal employee would like to be included into this class action complaint, please contact me G. Mojarro by 2/28/11 via e-mail ; foochiememo [at] aol.com

The class agent specifically identifies the Postal Service’s actions as adversely affecting complainants in six, maybe seven, categories:
1. Fails to reasonably accommodate employees
2. Targets disabled employees
3. Creates a hostile work environment
4. Wrongfully discloses medical information
5. Is used as retaliation for EEO investigation
6. Has an adverse impact on disabled employees, and
7. Repeatedly provides copies of Forensic Psychiatric Evaluations to the Agency’s Office of Inspector General.

Overview Of Willard Grayson v. U.S. Postal Service, EEOC Appeal No. 0720080044 (January 6, 2009) (added by PostalReporter.com)

Improper Medical Inquiry and Denial of Work

Complainant worked for the agency as a Custodial Laborer. He noticed a strong odor while mopping the floor, and subsequently reported to his supervisor that he felt sick to his stomach and had a headache. Complainant completed a workers’ compensation form, and the agency sent him for a medical evaluation. The examining physician determined that complainant was able to return to full duty; however, he noted that complainant believed he was being retaliated against and possibly poisoned. Several days later, complainant was given a letter by his supervisor advising him to provide medical documentation from his doctor clearing him to return to work. The letter did not specify any medical condition or injury. After complainant submitted a letter from a Licensed Physician Assistant releasing him to return to work, he stated that he was told he needed documentation from a psychiatrist stating that he was not a danger to himself or others before he would be allowed to return to work. Complainant ultimately saw a psychologist, who concluded that he did not appear to be a danger to himself or others. The agency’s Medical Unit Director then called the psychologist, and asked complainant to sign a release form so that the report from the initial examining physician could be sent to him. Complainant refused to sign the release, and was given a Notice to Submit Medical Documentation as well as a Notice of Deferred Seven-Day Suspension for failure to follow instructions and being absent without leave. Complainant was ultimately referred for a psychiatric fitness for duty examination.

On appeal, the Commission found that the agency violated the Rehabilitation Act by making a disability-related inquiry and not allowing complainant to return to work. While the Commission noted that it was proper for the agency to initially send complainant for a medical evaluation after he filed a workers’ compensation form, the Commission found that the agency had no basis to keep him out of work once the examining physician concluded he was able to return to duty. The Commission noted that there was no evidence that complainant had any problems performing his work or interacting with his co-workers. Further, the agency’s response to the physician’s comments about complainant’s mental state was extreme and the demands made on him overly burdensome given the circumstances of the situation. The record contained no evidence that complainant engaged in any action that would have led the agency to reasonably believe that he posed a direct threat or could not perform the essential functions of his position. Finally, the agency’s Threat Assessment Team itself found that complainant was not a threat. The Commission further found that complainant decided to retire solely because the agency kept him out of work, issued progressive discipline, and considered terminating him. The agency was ordered to offer complainant reinstatement to his prior position, with back pay and appropriate benefits. source: EEOC

note: Information may not be re-printed without permission from G. Mojarro or PostalReporter.com

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