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Equal Employment Issues for Postal Employees

Equal Employment Opportunity Discussions
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01:27 PM ET (US)
/m1621 https://efile.usps.com
08:15 AM ET (US)
Does anybody have the link, I cant find it?
07:39 PM ET (US)
EEOC counseling can now be done online. There is no longer a requirement to phone your complaint in through a 800 number. This will enable everyone to view the status of any case that is filed. About time!
01:30 AM ET (US)
the harassment and bullying by managers and supervisors who are never held accountable is really what costs the agency
BouchePerson was signed in when posted
11:43 PM ET (US)
 Former. Thanks for info.

 I remember one time an EEO specialist told me it cost time and money for each filing. You know- like I was bothering her for the issues I was having.
 How about 30000 of us NRP people just for the hell of it filing claims a few times of the year?
Former USPS InspectorPerson was signed in when posted
10:58 PM ET (US)
@Bouche, the most current posted analysis the PO reported to the EEOC (if you believe what the PO tells the EEOC) is at https://www.eeoc.gov/federal/reports/fsp2014/usps.cfm which states:

Costs Associated with EEO Process in FY 2014
Pre-Complaint Settlements w/ Monetary Benefits per case average $1,507 - ADR Settlements w/ Monetary Benefits per case average $1,436
Investigation Costs per case average $1,816
Complaint Closures with Monetary Benefits per case average $7,776 - ADR Settlements w/ Monetary Benefits per case average $2,271

The EEOC will likely post the FY 2015 USPS report in a few months.
BouchePerson was signed in when posted
09:23 PM ET (US)
 Just wondering. When filing an EEO - what does it cost for the agency?
12:08 AM ET (US)
Former USPS Inspector. They sent the letter in the first formal complaint mailing saying that because I did not list all of the complaints again when I filled in formal complaint paperwork, that I could never bring those complaints again. You are saying that the judge might allow me to add them at the hearing or after? I thought that the initial complaints were the reason I was asking for a formal complaint and that it was a no brainer that it was because of all the complaints that were listed in the informal complaint so they did not need to be spelled out again. It's good to know that there is a chance to get the serious issues back into the complaint. Thank You!
Former USPS InspectorPerson was signed in when posted
06:38 PM ET (US)
@FT, at anytime during the process (with the investigator, with the AJ via motions or with the EEOC OFO via appeal brief) you can and should bring up the specifics of what you complained about that was not BUT should have been/be included in the POs EEOC ROI and/or addressed by the EEOC OFO in a decision. I have seen a Judge add disability discrimination to a complaint as a basis after a hearing. The complainant asked the Judge to include it, the Judge requested the complainant submit a motion to add the disability of which the Judge then approved adding the disability as a basis. The PO regularly excludes specific issues in a complaint that are ordered to be investigated by the PO or if there is enough documentation in the ROI the EEOC OFO can rule on those issues not specifically identified as a charge by the PO. Judges will likely consolidate/combine multiple separate EEOC cases together if they feel the cases are past the investigation stage.
Edited 11-02-2018 06:39 PM
06:08 PM ET (US)
Former USPS Inspector, Can I ask you if there is anything that can be done when issues in first filing of complaint that were main complaints in counseling phase were not included in formal complaint paperwork sent from USPS Tampa? I did not get the formal complaint paperwork from mailbox in time to see the 5 day deadline that was given to correct their omission. Clearly the postoffice EEO left them out hoping that this would happen. The complaints that they did leave in the formal complaint were all frivolous and unimportant compared to the time clock fraud etc that was in the original complaint.
03:14 AM ET (US)
Former USPS Inspector, Thank you!!!
Former USPS InspectorPerson was signed in when posted
12:00 PM ET (US)
@FT, even though the employee always has won an untimely investigation case this does not mean the employee gets awarded money. If the ROI does not have enough proof that you are discriminated against, harassed and/or retaliated against that resulted in damages then the EEOC OFO likely will rule against the agency BUT only award you attorneys fees/costs and no damages. You must have proven your claims on paper (on the record) to get awarded damages regardless if the investigation is timely or not. If you don't have enough proof in the ROI then the best is to go through discovery, depositions and a hearing all while knowing you already won it's just showing enough proof of the claims to get you paid.

Don't ask for a default if your case needs to go through a hearing to get your proof into the record so you can get paid damages.
Edited 10-25-2018 12:08 PM
Former USPS InspectorPerson was signed in when posted
11:24 AM ET (US)
@FT, the Agency has 360 days from the date of your formal filing to get you the EEO ROI on any case in which the complaint is amended to add additional charges. If the agency requested 3 extensions to get you the ROI then I suggest filing a request for a hearing with the EEOC in your local servicing area office for Federal Sector hearings. The EEOC OFO has ruled against every agency in cases in which the investigation was untimely. Never let them extend anything in the future. The EEOC will order the agency to produce the ROI. You can then file a "motion for default" because the ROI was untimely. The EEOC OFO has ruled against an agency taking multiple extensions to get an ROI to a employee. Their are no cases in which the agency has won an untimely investigation case. It is nice to show in your motion how the untimely investigation harmed your case but it is not required.
01:23 AM ET (US)
Former USPS Inspector 1504, You are very helpful in the EEO process. Can I pick your brain on the time limits for the agency to produce the ROI after 3 requests for extensions by me for amendments?
RivkahPerson was signed in when posted
03:34 PM ET (US)
If the union handled the settlement, they would be the ones to answer that
08:59 AM ET (US)
My removal was settled in prearbitration.
I receive all back pay
But received a low and 1 week suspension for zero tolerance. Even though i had 4 witnesses stating management was screaming at me. Im a sitting duck. Im stunned.

But any advise on backpay
Does that include annual leave?
Former USPS InspectorPerson was signed in when posted
09:16 PM ET (US)
@Rivkah, after reading the Latham et al v USPS oral briefing/arguments at https://www.mspb.gov/media/121311-MSPB-LATHAM.pdf the case qualified as having MSPB jurisdiction because it was based on 5 affected PO employees due to an unlawful USPS policy of the NRP. Unlawful agency policies are covered under MSPB absent any person needing to have a specific employment status (ex military, supervisor ect..). Any change in the MSPB rules would serve to push cases outside of the administrative arena and into the Federal court system.
RivkahPerson was signed in when posted
08:17 PM ET (US)
Former Inspector Failure to restore to duty after a compensable injury for non management postal employees falls under mspb. As VW stated, it would be a mixed complaint. The Latham case was in that category.
Former USPS InspectorPerson was signed in when posted
07:25 PM ET (US)
The vast majority of non supervisory/managerial PO employees do not qualify for MSPB appeal of termination. Only former military members/reservists have MSPB rights to appeal termination/adverse actions. This new law (if actualized) will be used by the PO to cull the ranks of PO supervisors/managers who currently have MSPB appeal rights. Nothing changes for the regular workers.
Edited 08-01-2018 07:26 PM
VWPerson was signed in when posted
01:13 PM ET (US)
Hey all I am attaching a link to this post as there is currently a bill in Congress that will seriously affect the time limits you have to file a complaint with MSPB. I am nit trying to make any kind of political statement by sharing the article nor am I trying to start any type of political debate. Just want to make sure you guys are informed especially with filing an EEO. Some EEO's are Mixed complaint EEO's and this will affect your time limits for filing. Hope you can find this information useful.

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