The EEOC entered a final decision finding that the U.S. Postal Service discriminated against the Class of approximately 130,000 USPS employees when it subjected them to the National Reassessment Process (NRP) between May 5, 2006 and July 1, 2011. The USPS employees who were reviewed under the NRP had suffered workplace injuries, and were working under restrictions in limited duty, light duty, or rehabilitation positions. The final decision found that the NRP intentionally discriminated against these USPS employees by targeting them with disfavorable treatment, canceling accommodated jobs, creating a hostile work environment, improperly using their private medical information, and forcing some to resign.
Class Member claims for individual money awards are due now. The deadline for an individual Class Member to submit a claim for money damages and other relief is 30 days from when the individual receives a written notice from the USPS about the case. To be safe, attorneys for the Class have recommended that Class Members submit a claim by April 12, 2018. If a Class Member fails to submit a timely claim, the Class Member may lose the ability to seek any individual relief in the case.
Directions for submitting claims, a sample suggested Claim Form, and more information about the case is available at NRPclassaction.com.
While it is unknown how many Class Members will file claims, Rochester, NY attorney Michael Lingle of Thomas & Solomon indicated that the law firms representing the Class have been contacted by thousands of USPS employees during the past decade in which this case has been pending. The case was first filed by Sandra McConnell, a Rochester, NY mail carrier who had her USPS position taken away from her due to the NRP.
Jeremy Wright of Kator, Parks, Weiser & Harris, in Washington, DC, noted the tremendous achievement accomplished by the Class. “The decision in this case delivers a stern warning to every employer to respect the rights of workers with disabilities, and to never treat them as second-class.”
Attorneys for the Class stress the importance of Class Members submitting claims for monetary and other relief as soon as possible. Class attorneys are available to assist Class Members in submitting claims, and the attorneys have mailed out sample suggested claim forms to tens of thousands of Class Members across the country.
The Class is represented by Thomas & Solomon LLP, and Kator, Parks, Weiser & Harris, PLLC. The name of the case is McConnell v. U.S. Postal Service, EEOC Case No. 520-2010-00280X; Agency No. 4B-140-0062-06. The final appeal decision in the case was issued on March 9, 2018, and is available at NRPclassaction.com.