We wish everyone a Happy New Year! 

As a recap, in 2024, the EEOC took an important step forward with the commencement of Pre-Hearing Conferences for a group of claimants selected by the EEOC. In advance of any Pre-Hearing Conferences with the Administrative Judges, the selected claimants worked with our attorneys to make written submissions to the EEOC. Shortly before the relief hearings were to take place, the EEOC postponed the hearings. The EEOC judges indicated that they needed time to work through issues raised during the Pre-Hearing Conference. 

As we enter 2025, we are hopeful that this additional time provides the EEOC the ability to work through issues to streamline the hearing and relief process. As soon as we hear about hearings being rescheduled or any other action from the EEOC, we will of course update everyone. 

As always, please update our offices if your contact information has changed. Feel free to email us at [email protected]. While the EEOC generally notifies claimants directly if selected for a hearing, as soon as we are aware, we also begin reaching out to claimants.  In order to reach you, we need your updated contact information!

As an additional update, in 2023, at the request of the USPS, the EEOC Administrative Judge dismissed a small group of claimants (approximately 281 individuals) finding that they were not part of the class because they were never assessed under the NRP. In making such a decision, the Administrative Judge relied upon the USPS’s records which indicated that these individuals were not assessed.  

Our attorneys filed an appeal of the dismissal of this group of individuals and in late December 2024, the EEOC agreed with the Administrative Judge that these claimants should be dismissed since they were not assessed under the NRP. While these individuals are not part of the NRP class action, they still had the ability to bring their own discrimination claims separate from the class action, if they had done so in a timely manner.  

Our attorneys have been in regular communication with those claimants impacted by this dismissal order in both 2023 and 2024. As long as your contact information is updated with our office, you would have received several communications advising you that you are part of this small group of claimants. 

Please continue to monitor this website for updates in the coming months.

Today, we received an EEOC Order extending the postponement of all hearings and pre-hearing conferences. 

We understand based on EEOC orders to date on the postponement, that during this time, the EEOC is reviewing issues raised by the parties during this hearing process. The issues being considered by the EEOC would directly impact every single hearing. Amongst those issues, include whether the USPS can bring in new documents and witnesses in order to oppose each claimant’s claim. We have made repeated verbal and written arguments strongly opposing the Postal Service’s requests.  We also understand the EEOC is working on preparing a comprehensive general prehearing order that would address that issue and many others. 

We understand this has been a long and frustrating process, but we continue to hope that this delay will ensure that the hearing process is able to efficiently handle all disputes. By working through these issues now, we believe that once the hearings begin, the EEOC can move quicker and smoother – swiftly handling any disputes. Based on the Order, we understand all hearings are postponed until we hear from the respective judges.

As soon as we have an update, we will post it on www.nrpclassaction.com. Please continue to check the website for updates in the coming weeks.  

Late last week, we received notice from the EEOC that all hearings scheduled before October 18, 2024 were temporarily postponed while the EEOC works through some issues raised by the parties in the pre-hearing conferences over the last few weeks. In particular, the EEOC intends to issue a general order applying to all claimants scheduled for hearings. Many claimants whose hearing was temporarily postponed have already received new dates for their hearing. During this short postponement, our office continues to handle pre-hearing conferences and all deadlines associated with pre-hearing conferences and hearings. 

As of now, all hearings scheduled after October 18, 2024 are still moving forward as scheduled. 

While we understand the frustration with this short delay, we are hopeful that this will provide the EEOC the opportunity to ensure the hearing process is streamlined.  Currently, there are still some hearings in October, as well as in the following months. 

As a reminder, if you have received a Scheduling Order notifying you of a pre-hearing conference, and you are represented by our office, please immediately contact us at 585-272-0540. Please be aware that there are deadlines associated with the Scheduling Order, outside of the pre-hearing conference date. 

Unfortunately, we still don’t know if or when additional claimants will be selected for hearings, but we believe the start of hearings, and the subsequent issuing of decisions, is a movement in the case that benefits all claimants. 

We know hearings, and the pre-hearing conferences, have been much anticipated so we wanted to provide an update as to how the process has been going. 

 During the past few weeks, our offices have been attending pre-hearing conferences with claimants we represent.  In anticipation of those pre-hearing conferences, our office on behalf of claimants, as well as USPS, made written submissions to the EEOC.  During the pre-hearing conference, which generally lasts approximately an hour, the Administrative Judges discuss the types of documents which can be used during the hearing, as well as who will be permitted to testify. Ultimately, hearings have started being scheduled with some beginning as early as later this month.  The Administrative Judges are setting aside full days for each hearing, although we do not yet know if it will in fact last the entire day.  

For those curious how it works in terms of our offices role with claimants, we work very close with those claimants selected for a hearing throughout the entire process, including with the preparation of their submissions in anticipation of the pre-hearing conference, speaking with claimants about their experiences with USPS, reviewing claimants documents, preparing claimants on the video conference technology used during the pre-hearing conference and the hearing, and preparing claimants for the hearing.  

If you are curious as to how we may reach out to you if you are selected for a hearing in the future, we reach out in a variety of ways!  We would not only send you letters in the mail, but we would call you, as well as email and text whenever possible.  We also make multiple attempts to reach claimants over the course of a several week time period. Of course, if you have received a notice sent directly to you, please immediately reach out to our office at 585-272-0540 or email us at [email protected].  

Unfortunately, we do not know if, or when, more claims will be designated or who will be identified by the EEOC. 

As always, please email [email protected] if you need to update your contact information. 

We understand this has been a very long road, but we are hopeful these hearings are a significant milestone in the case.  We appreciate everyone’s patience as we continue the fight for the recovery for those claimants we represent! 

Our offices are actively working with claimants who have received orders to appear at Pre-Hearing Conferences, including preparing required submissions. The first of those submissions are due next week, but are generally due a few weeks prior to the scheduled Pre-Hearing Conferences.  The first of the Pre-Hearing Conferences begin in August and we expect the actual hearings to occur a few weeks after the Pre-Hearing Conferences. 

If you have hired our office to represent you, and you have received a Scheduling Order setting a date for a Pre-Hearing Conference and/or received communications from a USPS attorney, but you have not yet spoken to our office, please immediately contact our office at 585-272-0540.  

As always if your contact information has changed since the last time you contacted our office, please email us at [email protected].  

On July 3rd and again today, we have received some additional Pre-Hearing Conference notices. These Pre-Hearing Conferences are with either Judge Rose or Roberts-Draper and are scheduled for this coming August or September. As with the earlier Pre-Hearing Conference notices, these claimants will not only receive the notice from the EEOC, but our office has already reached out to these additional claimants.

Please continue to monitor our website for additional updates.

Today, our office began receiving Pre-Hearing Conference Notices for another small group of claimants.  These Pre-Hearing Conferences are being scheduled beginning in August with Administrative Judge Roberts-Draper

As we previously noted, we will reach out directly to any claimants selected for Pre-Hearing Conferences.  

If you have not received a communication from our office, we ask that you do not call our offices directly to ask if you have been scheduled for a hearing so that we can ensure our phone lines remain available for those individuals who have received communications from our office

 As anticipated, today we began receiving additional Pre-Hearing Conference Notices for another small group of claimants. These Pre-Hearing Conferences are being scheduled in August with Administrative Judge Eisner. 

We continue to anticipate that additional Pre-Hearing Conference Notices will be issued in the coming weeks.  

As we previously noted, we will reach out directly to any claimants selected for Pre-Hearing Conferences.  

If you have not received a communication from our office, we ask that you do not call our offices directly to ask if you have been scheduled for a hearing so that we can ensure our phone lines remain available for those individuals who have received communications from our office. 

We are happy to share that we have received Pre-Hearing Conference Notices for a small initial group of claimants who will have a hearing with Administrative Judge Rose. These Notices were also sent directly to those claimants selected.  The Pre-Hearing Conferences will begin in August 2024.  Our offices have begun the process of reaching out directly to those claimants who have been selected. 

We believe that there are likely additional claimants who will be selected for hearings in the coming weeks, we have not yet received those notices.  

While we understand it may be disappointing that all claimants who are not yet able to participate in a hearing, we believe this is a significant milestone in this case and a positive movement for all claimants.  We are hopeful that once the EEOC has completed a sampling of hearings, determinations as to the remaining claimants will be able to occur in a much more expedited manner. 

If you have any changes to your contact information, please email us at [email protected].

IMPORTANT: We ask that you do not call our offices directly to ask if you have been selected for a hearing, so that our phone lines remain available for those who have been selected for hearings and have received communications from our office. 

On Friday, we received a communication from the EEOC which suggests an initial group of claimants will receive pre-hearing conference notices shortly! 

As a reminder, the Administrative Judge previously stated that claimants will have at least 60 to 90 days notice before a hearing.

 As soon as we have confirmation of who has been selected, and receive the notices, we will reach out directly to those claimants, and also post an update on this website. As of yet, we have not received the pre-notice conference notices or any hearing notices.  There is no need to contact our office about the hearings, we will be reaching out directly to those claimants identified by the Administrative Judge.

We know this has been an extremely long and difficult journey, but it appears that we will begin seeing significant and important progress very soon.