Status Update

Following a status conference on March 20, 2019, the EEOC Administrative Judge issued an order.

USPS continues it’s stubborn opposition to providing money relief to claimants. USPS has submitted disputes to the EEOC for over 28,000 claims; to the best of our knowledge USPS has provisionally and/or partially “accepted” less than one percent of claims, and has made zero payments to any claimants.

We all recognize this behavior by USPS: deny, deny, dispute, delay, until a Judge orders otherwise. At the status conference, USPS called more plays from this old playbook. The EEOC Judge, on the other hand, has clearly demonstrated a desire to move forward as efficiently as possible. The Judge did clarify that our firms no longer serve as Class Counsel to all claimants, but that we do represent those claimants who have retained us to represent them with their claims. You can see the order by clicking here.

Status Update – CLASS COUNSEL SEEKS RECONSIDERATION

Class Counsel has asked the EEOC Administrative Judge to reconsider, or at least delay the effect of, the recently-issued Case Management Order until after the scheduled March 20, 2019 status conference. A copy of Class Counsel’s motion is available by clicking here.

Class Counsel has proposed a process based on a successful approach used in numerous large-scale class actions. As you know, the EEOC has already entered a strong finding of discrimination against the Class as a whole, and we want to ensure that the claims process provides every Class Member a fair and reasonable opportunity to obtain all relief to which they are entitled under law, as efficiently as possible. In addition, we have concerns with the Postal Service’s continuing efforts to break apart the Class and over-burden the EEOC. We all owe much of our success in this case to the unity, strength, and perseverance that the Class has shown in the face of unceasing attacks by the Postal Service for more than ten years.

We will provide an update as soon as further news is available. Please continue to monitor this website over the upcoming weeks for additional important information.

Status Update – IMPORTANT UPDATE – EEOC ISSUES CASE MANAGEMENT ORDER

On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. The Order does not accept the plan proposed by Class Counsel. The Order sets out that Class Members who did not retain Class Counsel are not represented by our law firms. The Order also states that the process to be used is that the Postal Service is to submit their legal brief and evidence by March 19, 2019; and that Class Member claimants are to submit their response briefs and evidence 20 days after that (although the Order notes that extensions to the deadlines may be permitted).

For those Class Members who have designated Class Counsel as their representatives during the relief process, we will be sending you a form to be completed and returned to be used to support your claim. We will provide you with written instructions on what to include to support your claim. Our law firms will compile that information and evidence along with other evidence that we already have in our possession, and submit a legal brief in support of your claim by the deadline ultimately set by the Administrative Judge.

We encourage every Class Member claimant to fully participate in this stage of the case, so that you can maximize the relief available to you. In the near future, we will address frequently asked questions regarding the form and evidence on this website.

A copy of the Case Management Order is available by clicking here.

Status Update – USPS SEEKS TO DIVIDE AND UNDERCUT CLASS MEMBER CLAIMS FOR RELIEF

On February 26, 2019, USPS attorneys filed a response to Class Counsel’s Motion for Entry of a Case Management Order. The Postal Service attacks Class Counsel’s role in the process, renaming them as “Phase I Class Counsel,” and referring to Ms. McConnell as “Phase I Class Agent.”

USPS asks that the EEOC simply take their word that all Class Members were properly notified in March 2018, despite evidence to the contrary.

USPS proposes that all Class Members move forward independently through a process that seeks to hide evidence from the Class Members and the EEOC Administrative Judge, seeks to endlessly hold up decisions on the relief claims, and ultimately undercuts every Class Member’s claim for relief.

A copy of the USPS Response brief and the USPS proposed Case Management Order is available by clicking here.

We will continue to vigorously oppose the Postal Service’s attempt to shield information from Class Members and the EEOC Administrative Judge. We will fight the USPS attempt to break apart the certified class and extinguish claims for relief one by one. We will strive for a fair and efficient process that considers all important evidence and provides all relief that is due to the victims of the NRP.

A status conference with the EEOC Administrative Judge is scheduled for March 20, 2019. We expect that the Administrative Judge will issue an order regarding these issues some time after the March 20, 2019 status conference. We will provide an update after the status conference.

Status Update – Class proposes “case management order” that would establish a comprehensive claims determination process

Now that the Postal Service has disputed every individual claim for relief (over 28,000), the EEOC must establish a fair and efficient claims determination process in accordance with EEOC rules. The EEOC has never been faced with a claimant class this large.

On February 11, 2019, Class Counsel filed a proposed “Case Management Order” to establish a comprehensive claims determination process. Our submission may be viewed here.

As you will see, our proposal addresses both fairness and efficiency. Our proposed “Case Management Order” calls for immediate processing of 50 initial claims, including opportunities for limited discovery. This proposal is consistent with many other successful class actions. Experience shows that the claims determination process speeds up tremendously after the initial batch of claims is addressed. In other words, a process starting with 50 claims can ramp up to 500 claims, and so on. Our approach would lead to the fastest means of considering all Class Member claims in a fair manner.

Our proposed “Case Management Order” is carefully tailored to this unprecedented case. Our proposal recognizes the limits on the EEOC’s case-processing capacity, as well as the Postal Service’s unyielding opposition to fair resolution of your claims. As always, we pledge to continue our hard fight for forward progress, advancing as far as possible, as fast as possible.

The Postal Service will submit its response to our proposed “Case Management Order” in approximately 15 days. After that, the EEOC Administrative Judge assigned to this case will issue an order regarding the claims determination process. We will promptly provide an update on this website as soon as that information is available.

We deeply appreciate your extraordinary patience as this lengthy process moves forward. Without your patience and persistence, the Postal Service would have won without a fight. We will do everything in our power to reward your patience by fighting for a fair and reasonable determination of your individual claims for relief.

Status Update

We understand that some class members who submitted claims for individual relief have received response letters again from the Postal Service. Please send our office a copy of any letters that you receive from the Postal Service as soon as possible. We recommend emailing such letters to us at [email protected] or faxing us at 585-272-0574. There is nothing further you need to do at this time, but we will be in touch in the coming weeks if we need anything additional from you.

Status Update – Notice of Vacated Final Agency Decision

Given the final decision from the EEOC regarding our appeal (see below), the Postal Service has begun sending out Notice of Vacated Final Agency Decisions and Contact Information Update Sheets. Our contact information is as follows:

Law Firm:
Thomas & Solomon LLP

Address:
693 East Avenue
Rochester, NY 14607

Phone:
585-272-0540

Email Address:
[email protected]

Status Update – Decision on Appeal regarding Premature FADs

As previously reported on June 27, 2018 (see below), the Postal Service prematurely issued thousands of Final Agency Decisions in this case, thereby undermining the ability of class members to provide a full presentation in support of their claims for individual relief. We appealed this improper action by the Postal Service. We have recently received a final decision from the EEOC regarding our appeal. The EEOC agreed with our position. As a result, all individual claims will be sent back to the Administrative Judge for appropriate processing, in accordance with EEOC Management Directive 110, Chapter 8, Section XII.C. This is a good development, but a lengthy fight remains in order to obtain a just and fair result. There is no action needed at this time on your individual claim. Our offices will be in touch with you when you need to take additional steps.

Status Update – CONTACT US IF USPS SENDS YOU FORMS

The Postal Service has sent forms to be completed by some claimants. If you have retained our firms to represent you, and if you have received forms recently from USPS, please call us immediately at 585-272-0540 to discuss completing these forms. Please also send us a copy of the forms as the Postal Service has NOT sent copies to your attorneys.

Before sending your completed forms to the Postal Service, please contact us, make a copy for your records, and then send our office a copy.

Status Update

Appeal brief has been filed.