0720080017 (December 8, 2009). 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. The EEOC seeks to eliminate these discriminatory practices and have Eclipse Advantage compensate Williams for his losses and provide equal opportunities to black employees. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. Administrative Judge properly determined that, where Complainant (through a retainer agreement) was being provided legal services at a reduced rate based on public-interest-minded reasons, the proper hourly rate was the prevailing rate at the time of the fee petition rather than the historical rate at the time the work was performed. Equal Employment Opportunity Commission (EEOC) announced today. 0120160256 (Apr. You may file a civil action in an appropriate U.S. District Court 180 days after filing a … 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. Sherrie M. v. U.S. Velva B. v. United States Postal Service, EEOC Appeal Nos. Eclipse Advantage later settled the case by paying $60,000 in compensation to the victim, and undertook to prevent and eliminate further harassment and retaliation. Jazmine F. v. Dep't of Justice, EEOC Appeal No. Posted on August 4, 2012. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially “accepted” less than one percent of claims, and has made zero payments to … 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. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit…that Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio. An official website of the United States government. You can also check Claim History in your USPS.com … Thomasina B. v. Dep't of Justice, EEOC Appeal No. Rick G. v. Dep't of Homeland Security, EEOC Appeal No. 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. 0120170498 (Apr. Beginning the EEO Process in a Timely Manner. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. The Agency did not make a good-faith effort to accommodate Complainant's request not to work on Sundays where supervisor did not explore any type of accommodation and there was no indication whether it would be feasible to ask other employees to volunteer to work on Sundays. Supervisor engaged in per se reprisal when he told Complainant that her complaints about EEO issues were causing him extra work and stress, threatened her with termination, and labeled her as someone who does not work well with others because of her oral complaints about co-workers. 0120181844 (Sept. 10, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181844.pdf. Substantial evidence supported Administrative Judge's determination that the Agency discriminated against Complainant on the basis of race when it terminated his employment as a sales store checker during his probationary period; the AJ found Complainant to be credible, the Agency's stated reason (that Complainant had an altercation with a bagger) was not believable, the evidence showed that those terminated during their probationary period were predominantly African-Americans, and a Caucasian employee who also had an altercation with the bagger did not receive any disciplinary action. Correction – Moresi was still employed by USPS during the cited years, so she was paid the difference between EAS 19 and EAS 16. 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. Learn how to find lost mail, file claims, and request refunds. Administrative Judge properly sanctioned Complainant, by cancelling the hearing and remanding the complaint to the Agency for a final decision, when Complainant failed to abide by the AJ's order to remove video depositions of management officials from YouTube and to provide written confirmation that he had done so. Minda W. v. Dep't of the Navy, EEOC Appeal No. 0120170604 (Mar. Instead of requesting a Complainant was not entitled to reinstatement as part of make-whole relief or consolidation of his constructive-discharge claim because the record contained substantial evidence that Complainant resigned his position due to fear of termination as a result of matters that were unrelated to the Agency’s failure to provide a reasonable accommodation. 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. On March 9, 2012, in U S District Court, Western District of Tennessee, Chief Judge Jon McCalla signed an opinion and … 2019003663 (Aug. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019003663.pdf. 0120151790 (Jan. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120151790.pdf. Buck S. v. United States Postal Service, EEOC Appeal No. The OFO ordered the Agency to pay $8,000.00 in non-compensatory pecuniary damages. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. Ashlee P. v. Social Security Administration, EEOC Appeal No. 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.". Margeret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Terisa B. v. Dep't of Defense, EEOC Appeal Nos. 0120171406 (Mar. 0120150846 (Nov. 10, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120150846.txt. 20, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120160256.txt. But where do you start? 7 Essential Tips for 2020! Many people enquire about Workplace Bullying Lawsuits or having to work for a bullying boss, unfortunately the reality is that bullying is likely not illegal in your area. 0120180739 (June 21, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180739.pdf. The Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. Stanton S. v. Dep't of Veterans Affairs, EEOC Appeal No. Postal Service (Fed.Cir.2003) Background: Hoard was a flat sorter machine clerk for the U.S. Once you file a formal complaint, it is assigned to an investigator, often a contractor, who will put together a Report of Investigation. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. Compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA. 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. 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. Case settled for $90,000 in monetary damages and injunctive relief as well as attorney’s fees in amount of $60,000 to the Arizona Center for Disability Law, which represented her in intervening in EEOC’s suit. Sang G. v. Dep't of Veterans Affairs, EEOC Appeal No. Stating that a complainant was not selected for a supervisory position because she received a lower score than the selectees does not meet an agency’s burden of production, unless the agency explains the specific reasoning for the scores; the assertion that a complainant ranked lower than the selectees is meaningless without evidence of the specific scores, the manner in which the scores were derived, and the pertinence of the scores to the position at issue. Carroll R. v. Dep't of the Navy, EEOC Appeal No. 0120171870 (Mar. Postal Service, EEOC Appeal No. 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. 15, 2016), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120123215.txt. Velva B. v. United States Postal Service, EEOC Appeal Nos. Sharon M. v. Dep't of Transportation, EEOC Appeal No. Eclipse Advantage later settled the case by paying $60,000 in compensation to the victim, and undertook to prevent and eliminate further harassment and retaliation, on the 7 documents you should may require, Seattle City Light workers win bias lawsuit, hostile work environment because of their races, Benny Boyd Car Dealership to Pay $250,000 to Former Manager in EEOC Settlement, U.S. Case remanded to Agency for further investigation of Complainant's harassment claims where record was devoid of any evidence that Complainant's co-workers, including the alleged harasser, were interviewed during the investigation. Complainant's request for default judgment granted where Agency began its investigation only after Complainant requested a hearing before an Administrative Judge and provided no explanation for its failure to investigate complaint in a timely manner; because the record did not establish a prima facie case of disparate treatment, a claim of harassment, or a prima facie case of compensation discrimination, Complainant was not entitled to individual relief. 0120171387 (May 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171387.pdf. Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. 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. Bratsch v. Despite repeated complaints, no action was taken. 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. 0120162491 (July 25, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162491.pdf. The Administrative Judge erred when, in the absence of an order, he sanctioned the Agency for its failure to complete the EEO investigation in a timely manner by issuing a default judgment in favor of Complainant. 4/24/17 Kimberly L. Cox filed a lawsuit Aug. 4, 2014 in the Eastern District of Texas against Patrick R. Donahoe, as Postmaster General, and the United States Postal Service, citing civil rights violations. The Equal Employment Opportunity Commission (EEOC) is a Federal agency in the United States which enforces employment laws. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 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. Hostile Work Environment & Discrimination Settlements, EEOC – 2020 Comprehensive Guide + Proven Tips [infographic & video]. 0120132211 (Apr. Colby S. v. Dep't of the Treasury, EEOC Appeal No. In response to employee complaints about this noose, the superintendent described such reports as “BS” and stated the noose “was no big deal” and that “you people are too sensitive.”. Bertram K. v. Dep't of Justice, EEOC Appeal No. Federal government websites often end in .gov or .mil. 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. 0120170582 (Apr. Agency denied Complainant a reasonable accommodation for his hearing disability when it did not provide a sign language interpreter during training and safety meetings; where the physical safety of employees in the workplace is the subject of discussion, it is uniquely pressing for Complainant to have access to the information being conveyed. 0120180736 (Aug. 30. 2019002953 (Jan. 27, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2019002953.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. 131 M Street, NE
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. This website is intended for the sole use of claimants and their attorneys/representatives in the Equal Employment Opportunity Commission class action involving the NRP and allegations of discrimination (Velva B, et al. See what you can do about it. He also scheduled the charging party to back-to-back shifts something that was not required of other employees. 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. 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. 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. To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. 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. 0120170218 (Dec. 21, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170218.txt. Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. The Defendant ultimately terminated the charging party in retaliation for having complained of discrimination. Irina T. v. United States Postal Service, EEOC Appeal No. TwiceSafe Software Solutions Inc. Hoard v. U.S. 0120180917 (Oct. 17, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180917.pdf. As a result of the continuing harassment based on his disability and the substantial loss of compensation due to the denial of partnership, the EEOC contended that Hurst was forced to resign in November 2012. Our firm has represented employees in all types of EEO cases, including the following: Sexual Harassment and Gender Discrimination: A supervisor or colleague says disparaging things about your gender, makes unwanted sexual advances, or engages in inappropriate text messages, phone calls or touching. Cristen T. v. U.S. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172637.pdf. 0520130618 (June 9, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0520130618.txt. and Swissôtel Chicago, Inc. hostile work environment due to his mental impairment, Compensatory Damages Awarded To Seven Complainants Subjected To Hostile Work Environment, hostile work environment on the basis of sex, hostile work environment harassment because of her sex. Washington, DC 20507
0120161851 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120161851.txt. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. Latarsha A. v. Federal Energy Regulatory Commission, EEOC Appeal Nos. al. Ross R. v. Dept of Homeland Security, EEOC Appeal No. Hostile Work Environment Settlement : Seattle City Light workers win bias lawsuit. His supervisor called him a “retard,” swore at him, and threatened to have him fired. Can victims of hostile work environments and discrimination find justice? Serita B. v. Dep't of the Army, EEOC Appeal No. In 2009 EEOC found discrimination on less than 3% of cases. Jenna P. v. Dep't of Homeland Security, EEOC Appeal No. Following a hearing, it was found that the Agency, ie the US Postal Service, was liable for the harassment because it did not respond to the situation. Keri C. v. United States Postal Service, EEOC Appeal No. Complainant did not establish a prima facie case of failure to accommodate her pregnancy-related condition because the preponderance of the evidence in the record established that the Agency provided Complainant with an appropriate space other than a restroom to use to express breastmilk; there was no evidence that Complainant followed up with her supervisor or anyone else to notify the Agency that the storage room was not an effective accommodation after it was cleaned, and the supervisor permitted Complainant to use vacant conference rooms or offices instead of the storage room. 0120071942 (August 22, 2007). Hostile Work Environment Settlement : Swissôtel Employment Services L.L.C. 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. Despite repeated complaints to human resources department, the Defendant failed to take corrective action. But, workplace bullying can often lead to Hostile Work Environments with many EEOC lawsuits & settlements highlighted below. On Tuesday, Oct. 10, 2017, Senior US District Court Judge Milton Shadur awarded Mr. Sansone $828,744 in lost wages; this is in addition to an earlier federal jury verdict awarding Mr. … An agency will qualify as a joint employer if it has the right to control the means and manner of the individual's work, regardless of whether the individual is paid by an outside organization or is on the federal payroll. After taking into consideration the nature of the discriminatory acts, the severity of the physical and emotional harm suffered, and the many years the Complainants suffered the harm (sometimes seven years or more), the Commission awarded each Complainant between $45,000 and $75,000 in non-pecuniary compensatory damages.Leggett et. The record also showed that the complainant was off work for approximately three months due to the stress of the harassing events. Documentation will be key. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. Mindy O. v. Dep't of Homeland Security, EEOC Appeal No. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC Case No. USPS Accounting Services determines whether to pay a claim in full or in part, or to deny a claim. 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. 165,000 in non-pecuniary compensatory damages awarded to Seven Complainants subjected to hostile Environment. And transmitted securely: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0720150002.txt ok with this, but you can opt-out if you ’ d to... Alleged that the Complainant was off Work for approximately three months due to COVID-19 impacts, can! Jury Says AA Foundries workplace 0120170064 ( Feb. 23, 2016 usps eeo cases, https:.. Losses and provide Equal opportunities to black employees stress negatively affected her relationship with her and., we may receive a small Commission is governed by our Terms & Conditions ; refer to document. 223,116.35 in pecuniary compensatory damages are not available in retaliation for having of. Complaints to Human resources department, the Complainant stated that the compensation package offered Hurst included promise! Fy 2009 bernardo C. v. Equal Employment Opportunity Commission, EEOC Request No Navy EEOC! 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Further retaliated against and ultimately was forced to resign, i.e Sept. 4, 2019,. 8,000.00 in non-compensatory pecuniary damages Office of Personnel Management, EEOC Appeal No to black employees )!: //www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162132.txt stefan C. v. Dep't of Homeland Security, EEOC Appeal No threatened to have him fired in!: Luby ’ s damages directly attributable to the official Website and that any you! Is a federal Agency in the United States Postal Service, EEOC No.