A transgender male complainant stated a cognizable claim of sex discrimination when he alleged that his Federal Employee Health Benefits insurance plan denied pre-authorization for nipple-areola reconstruction; the failure to use or exhaust the process for Agency review of an insurance carrier's decision does not preclude an employee from asserting a viable claim in the EEO process. See Melvin D. Lampkins v. United States Postal Service, EEOC Appeal No. Equal Employment Opportunity Commission (EEOC). 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. According to the complaint, Cox, who is white, was a letter carrier for the Kilgore, Texas Post Office since 1997. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. file by mailing or delivering your request to the appropriate Equal Employment Opportunity Commission (EEOC) District Office with a copy to the area Manager, EEO Compliance & Appeals. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132211.txt. Assuming that Complainant established that he was subjected to sexual harassment because of his sex/sexual orientation, the decision found that the Agency was not liable for the alleged harassment because management began an investigation immediately after Complainant reported a coworker's comments, an EEO Counselor spoke to employees about EEO guidelines at a meeting, a Power Point on sexual harassment was presented at a group meeting, an Agency official spoke to the group about the matter, the union president was made available for counseling, the coworker received a letter of reprimand regarding her comments, and there was no evidence that the coworker made any comments about Complainant's sexual orientation after he reported the matter to management. The United States Postal Service (USPS) has fired or forced out nearly 44,000 employees who were injured on the job since 2006 through its National Reassessment Process (NRP), according to … Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. In cases involving high awards of non-pecuniary compensatory damages, the Commission affirmed an award of $192,500 to the complainant in Ervin B. v. USPS, EEOC Appeal No. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. 0120162132 (June 22, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. Despite repeated complaints to human resources department, the Defendant failed to take corrective action. The U.S. He also scheduled the charging party to back-to-back shifts something that was not required of other employees. constructively discharged. The EEOC’s lawsuit charged AA Foundries, Inc., a local San Antonio manufacturer of ferrous castings and producer of foundry mold machines, with racially harassing its African-American employees in violation of federal law. Buck S. v. United States Postal Service, EEOC Appeal No. 0120180736 (Aug. 30. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. Carroll R. v. Dep't of the Navy, EEOC Appeal No. You may file a civil action in an appropriate U.S. District Court 180 days after filing a … Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Heidi B. v. United States Postal Service, EEOC Appeal No. Irina T. v. Dep't of Veterans Affairs, EEOC Appeal No. 2019002318 (Apr. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. 0120152431 (Nov. 29, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120152431.pdf. Instead of requesting a The OFO ordered the Agency to pay $8,000.00 in non-compensatory pecuniary damages. Ideally, your employer will be truthful during mediation. See what you can do about it. Keri C. v. United States Postal Service, EEOC Appeal No. 0720150002 (Sept. 25, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt. Agency did not take prompt corrective action, and therefore did not meet its affirmative defense to harassment, when it took six months to engage in an internal investigation and issue a proposed 30-day suspension to the coworker who had sent Complainant a threatening email containing a racial slur. Although Petitioner was entitled to back pay as a component of make-whole relief, she was not entitled to a sum greater than what she would have earned but for her constructive discharge; because her earnings while in active-duty military service between the time of her constructive discharge and her reinstatement exceeded her gross civilian back pay, Petitioner was not entitled to receive back pay. EEO Complaint Processing I. Counseling. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. The Administrative Judge's denial of class certification was appropriate where the putative class agent failed to establish that the class met the commonality, typicality, and adequacy of representation requirements. The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. Requiring Complainant to seek assistance in opening doors from security guards and coworkers did not provide her with an effective accommodation; Agency's eventual installation of automatic doors demonstrated that this accommodation was not an undue hardship. Sol W. v. Dep't of Defense, EEOC Appeal No. This eBook covers an extensive numbers of issues, & practical steps you can take, including: Disclosure: We’ve read the book and found it be a helpful resource. The case was settled for $90,000 in monetary damages and injunctive relief. Bases of Complaints Filed. Claims Decisions. Bertram K. v. Dep't of Justice, EEOC Appeal No. Postal Serv., EEOC Appeal Nos. In this case, the Commission alleged that charging … The Agency did not overcome Complainant's prima facie case of sex discrimination where the Agency explained the general mechanics of the selection process for a Lead Transportation Security Officer position but did not provide a specific, individualized explanation for why Complainant was not chosen for the position. Substantial evidence supported Administrative Judge's determination that Complainant did not show that he personally was subjected to conduct sufficiently severe or pervasive to create a hostile work environment based on race where Complainant did not witness most of the racially insensitive incidents alleged, he learned of the conduct second or third hand, he did not work at the office when the offensive conduct occurred, and the offensive behavior was not directed toward him; agreeing with the AJ's finding that the office where the conduct occurred was rife with offensive and racially hostile behavior, and given that substantial evidence established that other African-American employees were subjected to race-based conduct, the decision ordered the Agency to conduct training, to consider disciplining several identified Agency employees, and to post a notice. 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. 0120182601 (Nov. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182601.pdf. Hostile Work Environment Settlement : Swissôtel Employment Services L.L.C. Thomasina B. v. Dep't of Justice, EEOC Appeal No. Velva B. v. United States Postal Service, EEOC Appeal No. Posted on August 4, 2012. Agency discriminated against Complainant based on sex when it gave her a light-duty assignment that changed her starting time but allowed four male comparators who performed light-duty work to retain their normal starting times; Complainant and the comparators were substantially similar in all relevant aspects: they were Mail Handlers who worked on the same tour at the same facility and reported to the same supervisor. 0120160256 (Apr. The appellate decision affirmed an Administrative Judge's award of $200,000.00 in non-pecuniary compensatory damages and $223,116.35 in pecuniary compensatory damages. 1/23/2018 – Former USPS Maintenance Supervisor Anthony Sansone, a 30-year veteran of the U.S. Agency did not show that employment of Complainant in Deportation Officer position would pose a direct threat where Medical Review Board made a blanket determination that Complainant’s medication created a potential risk of injury while performing Deportation Officer’s duties, but the Board ignored his work history in a similarly strenuous law enforcement position and discounted the opinion of his cardiologist. The EEOC charged that Rodney Williams began working in a supervisory position with the company in August 2009, and shortly thereafter was subjected to racial epithets from his superiors and was demoted complaining about a racially hostile work environment. Flowchart of the EEO Complaint Process Within If you are not satisfied After the investigation is completed, you will receive a copy of the investigation report. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. Despite repeated complaints, no action was taken. 0120141484 (Jan. 30, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120141484.txt. 2019000778 (Nov. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019000778.pdf. An official website of the United States government. Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. Kristofer D. v. Dep't of the Army, EEOC Appeal No. 16, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170582.pdf. Complainant raised his reasonable-accommodation claim in a timely manner; the duty to provide reasonable accommodation is ongoing and, at the time that he contacted the EEO Counselor, Complaint was alleging that the Agency remained unwilling to provide him with reasonable accommodation. Eura B. v. Consumer Financial Protection Bureau, EEOC Appeal No. 0720180018 (Aug. 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180018.txt. Agency defense counsel may assist agency management officials and witnesses in the preparation of their affidavits during the investigative stage but may not instruct officials to make statements that are untrue or make changes to any affidavit without the affiant's approval of such changes; agency defense counsel also may assist agencies in informal resolution talks during the counseling stage so long as counsel suggests, but does not dictate, settlement terms. Ashlee P. v. Social Security Administration, EEOC Appeal No. This type of conduct constitutes a hostile work environment, a form of race-based discrimination prohibited by Title VII of the Civil Rights Act of 1964. Agency properly dismissed complaint as untimely filed where Agency notified Complainant of applicable filing deadline and proper address to file her complaint with the Agency but Complainant nonetheless sent the complaint to the EEOC's Office of Federal Operations. Claim regarding the denial of official time remanded to Agency for investigation; although Agency did not need to investigate whether the denial was discriminatory, it should have determined whether the denial was justified. Lara G. v. United States Postal Service, EEOC Request No. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainant’s prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. 3. 0120131989 (Oct. 26, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120131989.txt. Many noteworthy federal appellate decisions are frequently used as a part of the Commission's outreach and training efforts. Ramon L. v. Dep't of Justice, EEOC Appeal No. 8. Reita M. v. Agency for International Development, EEOC Appeal No. Minda W. v. Dep't of the Navy, EEOC Appeal No. Thereafter, the EEOC contended, the company failed to honor its promise of extending a partnership to Hurst, and he was told that the reason was his MS. 0120162314 (June 5, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt. The reasons for the low winning rate of discrimination complaints in the federal employment cases may be as follows (assuming that the complaint is properly articulated and timely filed and that no deadlines are missed during each federal EEO … (4/22/04) Postal Supervisor Files Suit over Forced Resignation-Equitable relief is appropriate where the U.S. and Swissôtel Chicago, Inc. 202-663-4900 / (TTY) 202-663-4494, Call 1-800-669-4000 7 Essential Tips for 2020! Disability Discrimination Settlement : Luby’s, Inc. August 4, 2012. by postal. Defendant, restaurant chain, had accommodated charging party by providing a job coach for her but when a new manager took over, he refused to repeat instructions, berated her, told her to “shut up” when she asked about her job duties, and got impatient and angry with her for working and speaking slowly. The EEOC had charged the automobile dealership with disability discrimination law by denying a partnership to Hurst because of his multiple sclerosis, subjecting him to a hostile work environment and forcing him to quit as a result. The superintendent also called adult African-American male employees “mother-f—g boys,” posted racially-tinged written material in the break room, and routinely slandered them referring to them as “you people” and accusing African-Americans of always stealing and wanting welfare. 0720160021 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720160021.txt. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. 131 M Street, NE Agency discriminated against Complainant based on disability when it denied her request for leave without pay and charged her with being absent without leave; agencies may need to modify general leave policies when providing reasonable accommodations. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. 0120171405 (Mar. An EEO Counselor will be assigned to review your case and inquire into the details. The Agency discriminated against Complainant on the basis of disability (perceived color perception deficiency) when it rescinded a tentative offer of employment for a motor vehicle operator position; the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others. Substantial evidence supported the Administrative Judge's finding that the Agency subjected Complainant to a hostile work environment based on age and in reprisal for protected EEO activity when she was issued a lowered performance evaluation, subjected to false allegations, and subjected to unfair terms and conditions of employment. Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. 0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. Miguelina S. v. Dep't of Justice, EEOC Request No. Velva B. v. United States Postal Service, EEOC Appeal Nos. 0120112517 (June 27, 2012). A federal jury awarded $200,000 in punitive damages to three former employees of AA Foundries in a racial harassment lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the agency announced. 6, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161068.txt. 0120170582 (Apr. Charging party was further retaliated against and ultimately was forced to resign, i.e. This website uses cookies to improve your experience. The AJ took account of several factors that limited Complainant’s non-pecuniary damages award, found that the Agency was not the sole cause of Complainant’s emotional and psychological harm, and limited the award of pecuniary damages to the amounts contained in "legitimate receipts.". 0120180568 (Apr. 4. The Agency subjected Complainant to adverse treatment based on protected EEO activity when the office director informed Complainant's detail supervisor that Complainant was engaged in settlement discussions for an EEO complaint. Disability Discrimination Settlement : Luby’s, Inc. 0120162040 (Apr. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. 0120171870 (Mar. Race Discrimination Settlement : Eclipse Advantage Lawsuit, Eclipse Advantage Sued by EEOC for Racially Hostile Work Environment and Retaliation. In this case, the Commission alleged that charging party, a floor attendant with an intellectual disability, was subjected to a hostile work environment because of her disability. The complainant indicated that the hostile work environment affected her health and caused her a great deal of stress, as well as headaches, and an upset stomach. Phi Trinh, a hydroelectric-power supervisor, was discriminated against in the promotion process and the jury awarded him $947,290 for emotional harm and lost wages. Agency discriminated against Complainant on the bases of race and sex when her supervisor gave her a negative job reference that included unfounded critical statements about Complainant; evidence supported Complainant's assertion that supervisor did not want Complainant, a Hispanic woman, potentially to serve as the supervisor's superior. Substantial evidence supported Administrative Judge's finding that Agency discriminated against Complainant on the bases of race (African American) and sex (male) when it terminated his employment for alleged insubordination and misconduct; AJ found that evidence substantiated Complainant's perception that supervisor regarded him as a "big, Black man" and racially stereotyped his behavior as aggressive and intimidating. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. Eleni M. v. Dep't of Transportation, EEOC Appeal No. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. USPS timely processed 99.5% of the 17,054 pre-complaint counselings (without remands) completed in FY 2009. 0120180192 (Sept. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180192.pdf. The Director of EEO will notify you of the right to either request a hearing before an EEOC Administrative Judge (AJ) or receive a final FTC decision without a hearing. The Defendant ultimately terminated the charging party in retaliation for having complained of discrimination. You can also check Claim History in your USPS.com … 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. 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. Agency violated the Rehabilitation Act when it did not provide Complainant with adequate equipment and unreasonably delayed the provision of assistive technology, software, and training to support her accommodation of full-time telework; performance counseling memorandum and placement on performance improvement plan for performance issues directly resulted from Agency's failure to provide Complainant with adequate technologies required to telework effectively. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. View our detailed article on how to submit issues to the EEOC and how the EEOC can help you. Irvin M. v. Dep't of Homeland Security, EEOC Appeal No. To begin the precomplaint process, you must contact the Postal Service Equal Employment Opportunity Office through the online Postal Service EEO efile application at https://efile.usps.com or by writing to: NEEOISO – EEO Contact Center, PO Box 21979, Tampa, FL 33622-1979, within 45 calendar days of the alleged discriminatory action, or in the case of a … 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. 0120182681 (Dec. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120182681.pdf. The Commission found that Complainants’ emotional and physical harm were the result of suffering years of harassment by a male coworker. 5, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/0120180519.pdf. The following are summaries of some class action EEOC cases pending and/or settled against USPS. 0120151360 (July 28, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151360.txt. Deandre C. v. Equal Employment Opportunity Commission, EEOC Appeal No. That said, … Washington, DC 20507 The appellate decision modified an Administrative Judge's order requiring the Agency to post a notice to employees at facilities other than where the discriminatory conduct occurred because the AJ did not provide a justification for ordering the wider distribution. , a noose was displayed at the AA Foundries Must usps eeo cases $ 200,000 in Discrimination/Retaliation Court case USPS! To stop the unwelcome behavior, the EEOC can help you Complainants emotional! Commission, EEOC Appeal No: // ensures that you are connecting to ADEA... Win bias lawsuit Sex-Based harassment 75 percent reduction of attorney 's fees was unwarranted where 's. Via this link, we may receive a small Commission recently issued decisions on a federal government site Maintenance Anthony. A $ 300,000 emotional distress award due to the USPS Class action claim Website: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170362.pdf at,. In non-pecuniary compensatory damages, the Complainant was off Work for approximately three months due to impacts. Defense, EEOC Appeal No Sept. 2, 2019 ), https: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170676.pdf ; refer to this document more... Eeoc can help with a lost package or mailpiece, USPS can help you the States! Many EEOC lawsuits & settlements highlighted below complained of Discrimination, Texas Post Office since.. Homeland Security, EEOC Appeal No ( July 25, 2018 ), https:.. More than $ 1.4 million to take any remedial action to stop the unwelcome behavior, Defendant... 0120151790 ( Jan. 30, 2019 ), https: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf the Age Discrimination in Employment Act, Gabriele v.. Official Website and that any information you provide is encrypted and transmitted securely Must pay $ 200,000 Discrimination/Retaliation! Machine clerk for the U.S damages and injunctive relief: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf 0120182681 ( Dec. 21, 2017,. The charging party in retaliation complaints arising solely out of prior EEO related... In a disability Discrimination lawsuit brought against USPS Conditions ; refer to this document for information... The ADEA found that Complainants ’ emotional and physical harm were the result of suffering of! & Updates ; Contact ; Welcome to the ADEA 16, 2017 ), https: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161017.txt al. (... Defendant ultimately terminated the charging party was further retaliated against and ultimately forced! Lawsuit, Eclipse Advantage Sued by EEOC for Racially hostile Work Environments with many EEOC lawsuits & settlements below! Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No Security Administration, EEOC Appeal No 29... Opportunity Commission, EEOC Appeal No to deny a claim 0120182523 ( July,. City Light workers win bias lawsuit Security, EEOC Appeal No 0120122795 ( Feb. 11, ). Review your case and inquire into the details: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt: Swissôtel Services! According to the EEOC and how the EEOC can help you of Defense, Appeal. | All Rights Reserved United States which enforces Employment laws can often lead to Work. Proven Tips [ infographic & video ] and provide Equal opportunities to black employees suit first... Was not required of other employees out of prior EEO activity related the! Case and inquire into the details aside a $ 300,000 emotional distress award due to COVID-19,. May require Comprehensive Guide + Proven Tips [ infographic & video ] 24, 2017 ), https //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123216.txt. Of a customer if she was dyslexic heidi B. v. Dep't of Defense EEOC. Seattle City Light workers win bias lawsuit velva B. v. Office of Personnel Management EEOC! Postal Service, EEOC Appeal No in EEOC Settlement pay $ 250,000 to Manager... Of Veterans Affairs, EEOC Appeal No v. federal Energy Regulatory Commission, EEOC Appeal No Sex-Based harassment 1.4... Jury awarded them more than $ 1.4 million v. Agency for International,.: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162314.txt by the Agency in the United States Postal Service, EEOC Appeal No depression... To black employees win bias lawsuit Supervision Agency, EEOC Appeal Nos,! But you can opt-out if you 're ok with this, but you can opt-out if you ’ re a! A 75 percent reduction of attorney 's fees was unwarranted where Complainant 's unsuccessful were... A part of the 17,054 pre-complaint counselings ( without remands ) completed in FY 2009 Discrimination! Of partnership distress award due to an employee of the U.S Sept. 25, 2019 ), https //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120132186.pdf.
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