EEOC Decision is Final: National Reassessment Program Discriminated Against Injured Workers

Thu, 03/29/2018 - 7:51pm
WEB NEWS ARTICLE #: 
34-2018

03/28/2018 - The time is now for all current and former permanent-rehabilitation and limited-duty postal employees who were subjected to the USPS National Reassessment Process (NRP) between May 5, 2006 and July 1, 2011 to file a timely claim with the Postal Service to seek monetary damages and other relief.

The Postal Service has exhausted all of its administrative appeals in the class action discrimination complaint, McConnell v. USPS. The EEOC’s favorable decision, issued March 9, 2018, is final. The EEOC rejected the Postal Service’s request for reconsideration after finding the NRP discriminated against injured postal workers and violated their rights under the Rehabilitation Act. The Postal Service is now required to comply with a number of orders listed in the final decision.

More than 130,000 individuals, many belonging to the APWU, may benefit from this decision. Individuals were not required to file an EEOC complaint to be part of the class but members of the class are required to file a claim within 30 days of receiving notice from the Postal Service to avoid forfeiting any potential relief. Survivors of deceased class members are eligible and encouraged to apply within the designated time limits.  Notifications from the Postal Service were said to be mailed to all eligible class members on March 19 and 20.  

 

The law firm who litigated the legal claims before the EEOC informed the APWU that they also made a mailing to all class members on March 24 and 26 that reportedly provides instructions and offers guidance with claim filing. If you did not receive a notification and you believe you should be part of the class, you can still submit a claim.  The law firm encourages claims to be filed no later than April 12, 2018.  The APWU was advised that this is the first step in the claims process.  They have a dedicated website, where we are told individuals can find filing instructions including where to send a claim, suggested claim forms, and more detailed information about the case, the decision and the claims process. We were further advised FAQ’s would be added to the site soon. The law firm has also indicated that it has launched a call center manned with paralegals to specifically offer assistance to claimants.  For more information visit  www.nrpclassaction.com; call (585) 272-0540 or toll free at (877) 272-4066; or consult an attorney of your choosing.  

CAUTION: The APWU makes no representation about the accuracy or quality of the information being provided by the law firm. The claim form provided by the law firm commits claimants to being represented by these attorneys. Claimants should carefully review the terms of the retainer agreement, including how their chosen representative is paid. Claimants are not required to use a lawyer to make a claim. The APWU cannot endorse the use of any law firm to submit their claims and cannot give legal advice on making claims to the Postal Service or whether to retain legal assistance for any part of the claim process. 

The most important thing is to not miss the filing deadline.

Attachments
 McConnell EEOC Final Decision (772.78 KB)
 McConnell Class Certification Notice (27.12 KB)