Our attorneys have just learned that the EEOC has begun sending out notices to claimants regarding the EEOC’s website related to this case.  These notices from the EEOC are being issued via email, and apparently will also be sent from the EEOC by regular mail.

Important: the phone number referenced in the notice from the EEOC should read 1-877-465-4142, and the correct website link is as follows: https://www.eeoc-nrpphase2.com/Home/portalid/0.

According to the notice from the EEOC, each claimant has been provided a unique log-in identifier, and each claimant is being asked to confirm their contact information within 30 days.

Even though we have not had any role in the preparation of these notices from the EEOC, we want to do whatever we can to help the EEOC as it processes the claims for relief.  We strongly encourage timely cooperation if you receive the notice from the EEOC.

If you have trouble accessing the website referenced in the notice from the EEOC, you can call 877-465-4142 for assistance.

If you have not yet received the notice from the EEOC, please continue to be patient for a few more days.  Please continue to closely monitor the website www.nrpclassaction.com in the coming days as our attorneys continue to provide additional guidance.

The Administrative Judge held a video status conference today, and shared some news about the EEOC’s plans for moving this case forward.

First, the Judge announced that the special website created for this case will be posted and active in the coming weeks. She said that in the coming weeks, the EEOC will issue a notice to all of the claimants about the EEOC website. We do not yet know what will be on the EEOC website, or when this will all happen. When the EEOC notice is issued, we will post a copy of it on this website.

Second, the Administrative Judge also discussed the group of individuals that the Agency has now identified as untimely.  Meaning, the Agency has identified certain individuals they believe did not submit a timely claim to NEEOSIO. The Administrative Judge has asked our offices to provide any evidence that claims were timely.  In the coming weeks, our offices will be working with claimants to gather the necessary information for the Administrative Judge.

Third, the Judge stated that the EEOC plans to begin hearings on some claims sometime in the middle of 2023. She said that not all claims will receive a hearing, but that the EEOC would choose certain claims to be heard by EEOC Administrative Judges. We do not know which claimants will have their claims selected for a hearing, how the EEOC will make those selections, or how the hearings will work. When we have additional details on the EEOC’s hearing process for this case, we will post those details on this website.

We wish all of you a joyous holiday season. We sincerely hope that the Administrative Judge’s news from today means that we will all see some real progress in 2023 toward a final result for your claim in this case. We continue to fight for justice for all of the claimants in this case. And as always, please continue to monitor this website for any important updates.

Today we had another video conference call with the Administrative Judge. In advance of this conference, per the request of the Administrative Judge, our offices re-submitted all claimant related documents for her consideration. Our offices and the Postal Service also worked on adding additional claimant information to the spreadsheet. The call was fairly brief. The Judge asked a few clarifying questions about the submissions. The Judge also set a briefing schedule for a sanctions motion recently filed by our offices against the Postal Service. Our offices filed a motion for sanctions regarding the repeated failure of the Postal Service to comply with the Administrative Judge’s Order to produce a single spreadsheet with all claimant information and instead hiding behind an argument already rejected by the Judge. We will provide an update as soon as a decision is issued regarding our motion for sanctions.

Before concluding the call, the Administrative Judge indicated that the EEOC plans to have a website available in the coming weeks that will be specifically devoted to this case. She also indicated that the EEOC intends to send a notice out of such website. To the best of our knowledge, the EEOC has never created a website devoted to a single case. We currently have no information regarding the nature of the EEOC’s website or the notice, so unfortunately cannot yet provide answers to questions you may have, but we will provide a detailed update as soon as we have additional information.

As a general reminder: if you hired our law firms to represent you, we will respond to any and all requests by the EEOC or the Postal Service for information about your claim, and our offices will contact you if more information is needed. In other words, please do not contact the EEOC or the Postal Service about your claim without checking with us first. Please call us if you have any questions about this.

As 2022 nears its conclusion, we note that all of us had hoped for more progress in this case. Our goal, like yours, is to continue fighting for a fair and reasonable outcome. Put another way, for all claimants who hired our law firms, we will not cease our fight on your behalf until the Postal Service provides a fair and reasonable resolution, or there is a final EEOC decision on your claim, whichever occurs first. Unfortunately, the Postal Service continues to dispute every single claim. And, while the Administrative Judge continues her admirable efforts to make meaningful progress on this case, the simple fact remains that the EEOC has never dealt with litigation like this, with over 28,000 claimants. We are cautiously optimistic that 2023 will be a year of significant forward movement on your claims.

We remain extremely grateful to all who have hired us to represent their interests in this fight against the Postal Service. We have notched many milestone successes in this case since 2006. Even though we cannot predict with certainty every twist and turn on the road ahead, we remain convinced that a fair and reasonable outcome can be achieved, if we continue forward with persistence and resolve.

Please check this website frequently for updates. And please call or email us if you have questions.

Today, we had another video conference call with the Administrative Judge, lasting more than one hour. Like the other recent conferences, this one focused on the spreadsheet that the parties have been compiling for the last several months, at the direction of the Administrative Judge. The Administrative Judge largely asked her questions of the Agency, and ordered that certain missing information be added to the spreadsheet promptly. Our offices argued that the Agency’s failure to provide certain information fits a pattern of unnecessary delay on the Agency’s part. he Administrative Judge made very clear that further delays would not be well-received, and that she expects to see the completed spreadsheet by no later than November 18, 2022.

The next status conference is November 28, 2022. Please continue to check our website for updates.

On September 26, 2022, Phase 1 Class Counsel and the Agency had a video conference with the Administrative Judge where the spreadsheet project was discussed in detail.Prior to the conference, the EEOC began analyzing the data at an overview level, and was prepared with a series of questions for both sides about the submitted data.

The conference lasted a little over two hours. At the conclusion, the Administrative Judge directed both sides to submit certain revisions to the spreadsheet by no later than October 21, 2022. Among the revisions requested of the Agency was that all claimants without claim numbers are to be assigned claim numbers, and any columns or individuals previously removed by the Agency would be restored. In addition, the Administrative Judge has also requested that our offices eliminate a small number of duplicate entries. Furthermore, the Administrative Judge directed both parties to resubmit an additional copy of claimant documents submitted previously.

The next status conference is scheduled for October 31, 2022 at 11:00 am. Please continue to monitor our website for updates.

Since the Agency has produced their portion of the spreadsheet, our attorneys have not only been working on their portions of the spreadsheet, but have also begun raising concerns with the Agency as to deficiencies in their portion of the spreadsheet. Due to these deficiencies and in the interest of ensuring that the spreadsheet is complete and accurate as ordered by the EEOC, the Administrative Judge granted a brief 30 day extension to complete their portion of the spreadsheet and to continue addressing deficiencies with the Agency. In submitting such a request, Phase 1 Class Counsel took this opportunity to alert the EEOC about the deficiencies in the Agency’s portion of the spreadsheet. Phase 1 Class Counsel will seek further intervention from the EEOC in the event the Agency does not resolve the noted deficiencies.

Please continue to check the website for updates, but based on extension, the spreadsheet will now be completed with all claimants who have retained our law firm in this case, and submitted to the EEOC on September 18, 2022.

On July 15, 2022, USPS submitted a spreadsheet to the EEOC Administrative Judge, and also to us as Phase I Class Counsel. During the coming weeks, we will not only be analyzing the spreadsheet for the Agency’s compliance with the Judge’s Order, but we will also be supplementing the spreadsheet with the information the EEOC has asked us to compile. Please continue to check this website for updates.

In advance of the May 12, 2022 status conference, the EEOC Administrative Judge circulated a new spreadsheet with additional information requested. In particular, the revised spreadsheet now provides an opportunity for Phase 1 Class Counsel, our offices, to review and comment on the Agency’s designation of claims for each claimant.  

At the May 12, 2022 status conference, the EEOC Administrative Judge was once again joined by EEOC Administrative Judge McCauley and the data attorney from the EEOC.  The Judge set deadlines by which the parties must submit their portions of the spreadsheet.   The Agency must complete their portion by June 15, 2022 and Phase 1 Class Counsel shall complete their portion by July 15, 2022.  The comprehensive spreadsheet must be filed by July 18, 2022.  

We understand that there is some confusion as to the date when the spreadsheet submissions are due.  We understand any references by the EEOC Administrative Judge to the year 2020 was made in error and instead refers to 2022.   

Phase 1 Class Counsel asked about whether special masters will be utilized going forward, and requested additional information about the process that will be utilized in order to evaluate the claims.  The EEOC Administrative Judge responded that she was not able to comment on those issues at this time, but emphasized that she (and others within the EEOC) are working on this matter each week and are committed to moving things forward as quickly as possible. 

Please continue to monitor our website for more updates in the coming weeks. If you have any updated contact information and have not yet provided it to our office, please call us at 585-272-0540 or email us at [email protected]. 

Today we heard from EEOC Administrative Judge regarding the ongoing effort to compile claims information in an excel format. In particular, Judge Roberts-Draper indicated that she reviewed all the information submitted and ultimately ordered the parties to each submit certain information about claimants in an excel spreadsheet. In particular, Phase 1 Class Counsel is responsible for providing updated contact information, including address, telephone number and email address, as well as whether an indication of any deceased claimants. The Agency is responsible for providing the remainder of the information, which includes but is not limited to: date of hire; separation date; separation reason; and which claims are alleged by claimant and which claims the Agency disputes. All information is ordered to be produced to Judge Roberts-Draper on or before Wednesday, June 8, 2022.

Additionally, Judge Roberts-Draper also scheduled a status conference with the Agency and Phase 1 Class Counsel for May 12, 2022 at 11:00 am. An update will be provided following the May 12, 2022 status conference.

Following the EEOC Administrative Judge’s request, the parties each provided additional information to assist in the process to evaluate claimant relief. Since providing the requested information, we have not yet heard back from the EEOC Administrative Judge, but based on the last conference, we expect to hear from her in the coming weeks.

We have received many inquiries as to whether the EEOC Administrative Judge intends to utilize the assistance of special masters.During the March 4, 2022 conference with the EEOC Administrative Judge, she indicated that the special master issue is still under “advisement.” We understand this to mean that her in-depth questioning regarding the Postal Service’s access to certain information will assist her in determining the best and most efficient path forward, including as to whether special masters should be utilized. As mentioned in our March 4, 2022 update, the EEOC Administrative Judge was joined at the last conference by an EEOC data person, as well as another Administrative Judge. We are hopeful that these additional resources will assist the Administrative Judge in the evaluation of the more than 28,000 claims that were filed.

Please continue to check our website for updates in the coming weeks.