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Equal Employment Issues for Postal Employees

Equal Employment Opportunity Discussions
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Former USPS InspectorPerson was signed in when posted
03:21 PM ET (US)
The EEOC just posted its current Performance Accountability Report (PAR) for FY 2017 @ https://www.eeoc.gov/eeoc/newsroom/release/11-15-17a.cfm. The EEOC also posted its FY 2017 statistics @ https://www.eeoc.gov/eeoc/statistics/nofear/hearings.cfm. 3,885 persons requested hearings in FY 2017, 6,034 persons still awaiting a hearing before FY 2017 started, AVERAGE days in processing hearing requests is 642 days (highest in 17 years of posted EEO data). If your assigned Judge issues a summary judgement against you or you withdrawal your hearing request and request a FAD or settle then the Judge gets credit for processing your hearing so the 642 days average is low. My case took 1,524 days to get a hearing well over the 180 day regulation. You can submit a "Motion for Hearing" as I did months after my Judge abruptly canceled my first hearing date. She denied my motion and rescheduled the my hearing 4 months from the date I requested in my motion. Not much you can do other than that. EEO Judges/Attorney Examiners are not held accountable for going over the 180 days.
jjmvPerson was signed in when posted
02:32 PM ET (US)
After the judge has had my EEOC on his desk for 180 days after we have gone back fourth : requested a hearing ; is there anything that I can do to move my case or do they not have a time limit , I was understanding that 180 days was the limit
07:55 PM ET (US)
Thank you
Former USPS InspectorPerson was signed in when posted
08:36 PM ET (US)
I ran "Nixie Clerk" through the OFO Database https://www.eeoc.gov//federal/decisions.cfm and returned 64 hits/cases. One of the first https://www.eeoc.gov/decisions/0120090037.txt cases states. In accordance with documentation to support complainant's permanent and stationary restricted medical status, the agency will complete and offer to the complainant a rehabilitation job offer in compliance with her imposed medical restrictions. The complainant will be reassigned to the clerk craft upon OWCP approval and her acceptance of the job offer in accordance with the National Agreement. Complainant's position will be Accountable Mail/Nixie Clerk, at the work location described in the Limited Duty Job offer. You might want to review some of the other "Nixie Clerk" cases and see exactly how the EEOC views ADA cases and the "Nixie Clerk" jobs. Good luck on getting well.
07:59 PM ET (US)
NRP...is an employee considered "qualified" under ADA if job was not a reassignment, but a make shift such as working nixie mail? My job was parcel clerk, and once injured I was assisting the nixie clerk
Former USPS InspectorPerson was signed in when posted
07:02 PM ET (US)
In past postings employees have brought up the question about "Whistleblower Protection" when they report wrongdoing within the USPS and are subsequently retaliated against. A recent Federal Appeals court last month ruled on an FBI employee case that should bring light to people inside the USPS that are considering "Whistleblowing". Since the FBI and USPS are similar in regards to appeal ability to the MSPB this case hits home very hard. The court ruled; On October 26, 2017, the Federal Circuit Court of Appeals, after granting the Department of Justice’s petition for rehearing en banc, vacated its prior decision, and found that preference-eligible FBI employees appealing an adverse action to the Merit Systems Protection Board may not raise an affirmative defense of whistleblower reprisal, nor may they file an individual right of action (“IRA”) appeal to bring whistleblower claims to the Board (MSPB). To date, in reviewing 10+ years USPS OIGs Annual Reports to congress the USPS OIG (having jurisdiction of Whistleblower complaint investigations) has NEVER reported a finding of retaliation for whistleblowing. Thus employees MUST take their individual cases to the Federal Court and/or EEOC depending on the specifics of their cases if a grievance process would not make them whole. Do NOT count on any other Federal Agency to assist you in your action or even take action or your reported wrongdoing. Keep your hopes alive in fighting your cases intelligently. You will likely never hear about cases like https://www.eeoc.gov/decisions/0120081333.r.txt in which the Female Inspector lost an OFO appeal but then took ALL her previous 10+ EEOs to the Northern Federal District Court of California and settled for $1.5 million under case 3:07-cv-06300.
Edited 11-09-2017 07:36 PM
10:48 AM ET (US)
Once in a while i need to read some wins. Its hard
I admire the people that proceed.And the people that help.
Former USPS InspectorPerson was signed in when posted
06:47 PM ET (US)
All Inspectors are under "HQ/Inspection Service" even though Inspectors are all over the world. I was located in the Pacific Area/California.
03:57 PM ET (US)
Jeanne how many cases won would you like to see?
03:56 PM ET (US)
Former what district did you perform your sac duties ?
Former USPS InspectorPerson was signed in when posted
11:05 AM ET (US)
I had multiple claims/charges stemming from 2 EEO complaints that the EEO AJ consolidated my 2 EEO cases for hearing. The charges surviving summary Judgement and now being reviewed by the OFO are discriminatory harassment (all claims), Retaliation (the EEO activity in this case) (claims six through ten) and on the 2nd consolidated EEO case discrimination based on Retaliation (Prior EEO Activity) from my first EEO when they fired me. After review, the Administrative Judge confirms that disability "perceived as" is added as a basis on all charges. Many won EEO cases can be found at the EEO OFO Appeals website. I used https://www.eeoc.gov/decisions/07A40037_r.txt and https://www.eeoc.gov/decisions/01a31924.txt for case precedent on employees winning based on an investigation taking to long. The Agency was unable to find a single case that an employee did not win when the investigation was to long. The cases https://www.eeoc.gov/decisions/0120160529.txt and https://www.eeoc.gov/decisions/0120141894.txt and https://www.eeoc.gov/decisions/0720140039.txt but there are MANY more wins for employees you will never hear about.
Edited 10-09-2017 11:07 AM
Jeanne Grace
09:15 AM ET (US)
Does anyone have any cases where employees win EEOs?
12:52 AM ET (US)
I have recently written letters to some news agencies and lawyers regarding postal managements exhibitions of what they call managing. Lies, deceit, theft, abuse of other human beings. Just some of what they do to earn that dirty money. Soul sold to the devil for sure
12:46 AM ET (US)
Former USPS Inspector, Can I ask you what the basis for your EEO was? Was it only retaliation?
Former USPS InspectorPerson was signed in when posted
02:55 PM ET (US)
Currently there is no realistic route to take and not risk being retaliated against for complaining/whistleblowing inside the USPS. My case is an example of what happens when you report being victimized. I was an award winning mail theft/ID theft specialist Inspector only ever complaining that I was solo manning an office/area that was authorized 3-4 Inspectors for 4+ years. Shortening a long story: my new out of town supervisor decided to come over to my house at night (Sunday morning) and breaking my residence window while I was off duty and not home (long labor day weekend). I reported what he did to management, the local PD and OIG. I was promptly placed on Admin leave after reporting. The USPIS and OIG worked in concert to make sure the PD knew not to handle the crime because it will be handled Federally. I contacted the Office of Special Counsel (OSC) with what had occurred and they stated they could/would not take any action until they received an OIG report identifying wrongdoing by the USPS. Now I have reviewed over 10 years worth of USPS OIG semi annual reports to Congress and found that the USPS OIG alleges sole jurisdiction for Whistleblower investigations BUT has NEVER found the USPS ever having violated a single Whistleblower statute. This is obviously an issue because a simple google search of USPS Whistleblower case brings results like http://postalemployeenetwork.com/news/2012...workplace-injuries/ in which the USPS OIG failed to find USPS wrongdoing but the DOL did. The USPS OIG is not going to help a victim USPS employee unless it is in the best interest of the USPS and most often is not. Citizen/Employees only recourse against any Federal Agency is to prepare as best you can for the worst outcome in your employment (termination) if you report wrongdoing/victimization. Use the EAP process in documenting medically the ongoing stress/damage that they cause and use that documentation in your case as I am doing to ensure maximum EEO awards and approval of an OPM disability retirement if you are fired like I did.
Edited 10-07-2017 04:57 PM
Hannah BlectorPerson was signed in when posted
02:05 PM ET (US)
/m1429 I appreciate such information. Many employees have no idea how rotten to the core the USPS is, including the inspection service. I was a PM in an office where an employee of the inspector's office was exiled. They thought she would quit instead of traveling so far to work. But she was too determined not to let them get her. She had refused to lie to make a case for the inspectors. It is a shame that lying is a requirement for postal managers, let alone people working for the agencies employees think are responsible overseers of the USPS. In my office we have pretty much given up on contacting the OIG. We view them as simply another arm of postal management. When a serious issue is raised, local managers are warned and the matter is cleaned up and hidden. Then it starts all over again--nothing corrected or changed, just covered up.

If you know of any way to report matters so that matters are resolved instead of covered up, that would be a great post.
Former USPS InspectorPerson was signed in when posted
01:02 PM ET (US)
Thanks for clearing things up on the forum rule specifics. Now on to the EEO issues. I have spent an extensive amount of time understanding the realities of the EEO process. The USPS posts its reportable EEO statistics on its website at http://about.usps.com/who-we-are/no-fear-act/data/national.htm quarterly taking in consideration that we are trusting that the data the USPS reports via the "No Fear Act" to Congress, OPM, EEOC, DOJ and the public (as required) is correct/truthful is another matter all together because there appears to be no actual enforcement if the data is false. I can personally attest to this with my case in particular. I filed my formal EEO complaint https://www.eeoc.gov/decisions/0120121286.txt on Dec 5, 2011, and I received the completed EEO Investigation on Jan 9, 2013, a total of 395 days after being 35 days over the 360 days (amended complaint) time limit. I never agreed to an extension nor did the USPS advise me as required per the MD 110 of an untimely issue. The USPS attorneys knew this and instead of addressing it they threatened me with "Drop your EEO case and resign or be fired" and thus I refused and was fired knowing I don't have MSPB rights. The USPS (headquarters/Inspection Service) reported, since FY2012 to present, a total of 0 untimely investigations (Last row on document) http://about.usps.com/who-we-are/no-fear-act/data/hq-is.htm of which the EEO has been aware of and has since 2013 neither the USPS or EEO OIGs have contacted me as 0s are continued to be reported. ALL past untimely investigation cases ruled on by the OFO have been for the complainant. My case is currently with the OFO appellate attorney.

When filing a EEO complaint all should know that the EEO Investigators and FAD writers are CONTRACTED private citizens on a fee for services basis with EEO investigations receiving $1,100 - $1,500 each case and FAD writers $400 - $600 per case. Each case final contractor submission is reviewed and approved by the USPS before being sent to the complainant. The USPS has by its own EEO reporting NEVER in the 10s of thousands of EEO cases released an FAD finding an EEO violation ABSENT an hearing. EEO Investigators/FAD writers are not to submit findings of discrimination/retaliation if they wish to continue to receive work from the USPS. In conclusion, use the EEO process as best as you can to obtain depositions/discovery to present to the OFO and/or Federal District court in your EEO case. DO NOT expect that either the USPS or an EEO AJ (since they are overburdened with a huge caseload and just wish to clear cases with the least amount of work) to make a lawful/factual decision on your case. Now some EEO AJs may take the time and make an effort but don't count on it since they are aware that in reality the OFO appeals attorneys and/or Federal District court have the final says if you choose that they do, NOT the EEO AJ. Good luck in your case(s) and keep hope alive as best you can.
Rick OwensPerson was signed in when posted
11:32 AM ET (US)
Mizel /m1427 - Thanks. There is no list of PEN sponsors. If you do not see the company or entity advertising on PEN then they are not a PEN sponsor. As stated - links to not for profit sites are more than welcome. And, I usually let any link (within reason) remain for a day or so unless the ad/link has been removed before.
MizelPerson was signed in when posted
07:25 AM ET (US)
Rick /m1426 So, in other words, you DO allow ads in PEN forums as long as the ad supports a PEN sponsor. Correct? And can you also post a link to the list of PEN sponsors? I believe such a list would assist members toward staying in compliance with PEN policies. Thanks.

It's Mizel folks... just looking for some clarity...
Rick OwensPerson was signed in when posted
08:56 PM ET (US)
Rivkah /m1424 - I do not allow ANY ads in PEN's forums...it is not a matter of being paid for or not. However, if someone posts something that refers to a PEN sponsor I will allow that post to remain.
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