Year: 2019

Status Update – Status Conference Held

The EEOC Administrative Judge held a status conference on November 19, 2019.

The judge stressed that the EEOC is actively weighing different ways to move the process forward. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website.

The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com.

A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion.

The next status conference is set for January 24, 2020.

Status Update – Keep us updated too

In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy.

Status Update

A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. Please continue to check the website for updates.

Status Update

The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. No new date has been scheduled, but please continue to check the website for updates.

Status Update

Over the next few weeks, we will be sending out new forms to many of our clients to complete. These forms are very short, and most clients will be able to complete these forms in five minutes or less.

We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process.

Please note: we are using email to send these forms to our clients to the greatest extent possible. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. Also, please note that not every client is being sent these forms at this time.

If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Thank you as always for your cooperation and support during the claim review process.

Status Update

Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. We greatly appreciate the Judge’s efforts.

We have not spoken with USPS attorneys about settlement of any claims. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. There is no need for you to take any action at this time regarding the possibility of settlement.

For better or worse, this case presents numerous potential impediments to wide-spread settlement. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims.

Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. We will continue to keep you posted on all major developments in the case.

Please check this website for updates. As always, we greatly appreciate your support and patience throughout this process.

Status Update

EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement.

We are very grateful for the Judge’s willingness to discuss the possibility of settlement. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. However, settlement is not possible in every case. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.)

The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Again, there is no need for you to take any action at this time regarding the possibility of settlement.

Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case.

Status Update

Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The call was very lengthy, lasting almost three hours. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Here is a copy of the Order.

Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future.

Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process.

Status Update – Claim Statements Filed

As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. We organized and submitted all available documentation in accordance with the Case Management Order. The EEOC Judge now has submissions from both sides regarding relief for all Claimants.

The next status conference with the EEOC Judge is scheduled for August 2019. We will promptly update this website as soon as we have news to report.

Thank you for your support, assistance, and patience throughout this claims process. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP.

Of note, we may request feedback or clarification from some Claimants in the next few weeks. If you receive a request for information from us, please reply as soon as possible. Thank you again for your cooperation and patience.

Status Update – USPS Provides Some NRP Files to Counsel

The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. We will promptly pursue this issue through the appropriate process. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case.

As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS.