Year: 2026

The EEOC’s recent decision directed USPS to reissue “Final Agency Decisions” to each class member by February 2027. Sometime over the next few months, USPS will send out a “Final Agency Decision” on your claim. We have requested that our offices be provided a copy of the Final Agency Decisions. A copy of the Final Agency Decision regarding your claim will be sent to you. Please keep your copy of the Final Agency Decision.

As a reminder, the Final Agency Decision is not a decision by the EEOC, but instead, it is a decision from USPS, where they can accept or deny your claims. Based on what USPS did in 2018 in this case, we predict that USPS will reject almost every class member’s claim. In the event the Agency denies your claims, for those claimants we represent, we will be appealing the Final Agency Decisions to the EEOC.  If you are represented by our offices, there are no additional fees or costs to the appeal to the EEOC, beyond the original contingency agreement you entered with our offices. For those claimants represented by our law firms, we will handle all steps of the appeal to the EEOC. Our hope is that with this appeal, the EEOC will finally provide a complete review the claims and evidence presented by the claimants.

Regarding the expected timeline, again, you can expect to receive a USPS Final Agency Decision in the coming months, and our offices then have 30 days to file an appeal. Once the appeals have been fully briefed, we will await a decision from the EEOC. As we have experienced in the past, the EEOC decision process can take some time and there is no certain deadline we can provide. 

We understand that this may be frustrating that the process has (again) changed, but please know that we have spent 20 years fighting for our claimants in this case, and we intend to continue to do so!

This morning the Commissioners of the EEOC issued a decision that will have a very significant impact on the processing of individual claims in this case.  Unfortunately, in today’s decision, the EEOC Commissioners have decided to reverse course on the 2018 decision that established the process for submitting evidence and resolving individual claims in this case.

Today’s decision orders the Postal Service to “reissue all previously vacated decisions on each individual class member’s claim of relief.”  In addition, the Postal Service “shall ensure that all claims of relief currently pending before the Administrative Judges receive a decision on the claim of relief, either on the merits of the claim or regarding the timeliness of their claim submission.”  The Postal Service decisions are supposed to “include a notice of the right to file an appeal or a civil action within the applicable time limits.”

In terms of timing, the Postal Service has 120 days from today to issue a decision on each individual class member’s claim for relief.  In theory, the Postal Service may begin issuing individual decisions immediately.

We are currently evaluating the best path forward.  We expect to provide updated information no later than August 14, 2026.

We take this opportunity to remind all those who have retained our law firms to represent them in this case: if you receive a decision or other correspondence in the upcoming weeks or months from the Postal Service regarding your individual claim in this case, please email the decision or correspondence to us at this email address: [email protected].

While we wish we could be providing a different update, as of now, we are still awaiting a decision from the EEOC Office of Federal Operations (“OFO”).

As you may recall, in 2025 the Administrative Judges issued a General Pre-Hearing Order as to how the hearings would proceed, while also simultaneously submitting their own Order for appeal to OFO. The appeal briefing was fully submitted in late June 2025, approximately 9 months ago.  On average, an appeal decision generally takes around 18 months, and this case is more complex than many, so the review on appeal could be longer. We have seen OFO appeal decisions in this case take as long as three years before. We of course hope that it will be sooner than that, but at this point, we cannot move forward without the decision from OFO.

We recognize the frustration and disappointment claimants feel regarding both the current wait for a decision from OFO and the length of time this case has taken. We have been working on this case for nearly twenty years now and we will not give up fighting for each claimant’s rights. We will update the website as soon as we receive a decision from OFO.