The parties are now completing the discovery process that has been ongoing in this matter. During the discovery process, both sides have been exchanging relevant information to move the case forward. This phase of litigation is often extensive, especially for a class action of this size. It requires the parties to gather and digest large amounts of information and documents relevant to the claims in this case.

As the next step in this legal process, in the coming months the parties anticipate filing various motions with the Administrative Judge before a hearing is scheduled. We do not know how long this process will take or what timeline the judge has in mind for this phase of the case. We appreciate your patience and cooperation as we continue on in this legal process.

EEOC REJECTS USPS ATTEMPT TO BREAK APART THE MCCONNELL CLASS

The EEOC has rejected an attempt by USPS attorneys to break apart the McConnell class. In July 2012, USPS attorneys filed a motion to redefine the class, and force certain McConnell class members to bring their claims before the Merit Systems Protection Board (“MSPB”). The Administrative Judge recently denied the USPS’s motion in its entirety. The Administrative Judge held that because the McConnell complaint focused on the NRP, which resulted in some reductions and eliminations of rehabilitation and limited duty positions, the claims belonged in the certified EEOC class action. The Administrative Judge noted that the USPS request would have resulted in undue delay in justice and unnecessary procedural complications. After the Administrative Judge’s ruling, USPS attorneys sought to appeal the ruling to the EEOC Office of Federal Operations. The EEOC recently denied the USPS appeal.

Our legal team continues to pursue the class members claims against the Postal Service and is currently engaging in the discovery process. As part of this process, our legal team is reviewing and exchanging documents as well as conducting depositions. This process is time consuming but necessary to vindicate class members rights. Given the importance of the issue at stake, the discovery process is quite extensive and time consuming. Though it may appear that there are periods of time where nothing is happening, our legal team continues to work diligently and is always available to answer any questions you may have about the case. We will continue to update this website with the current status of the case and encourage you to check back.

Recently, the United States Equal Employment Opportunity Commission held that all permanent rehabilitation employees and limited duty employees at the agency who have been subjected to the NRP from May 5, 2006, to the present are included in the class.

You can read the decision here.

You can review the class certification notice here.

If you believe you fall within the class, please fill in the questionnaire.

As the case moves forward, additional developments will be posted on this page.