Current Developments

Update – June 2018

Current Status of the Case

Many class members who submitted claims for individual relief have received response letters from the Postal Service. The Postal Service HAS NOT sent copies of these letters to your attorneys. Please provide 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 or faxing us at (585) 272-0574.

If the notice letter you received from the Postal Service states that the USPS is disputing part or all of your claim, your individual claim is to be presented to the EEOC Administrative Judge. The Postal Service is responsible for sending your claim to the Administrative Judge -- you do not need to take any action to bring your claim before the Administrative Judge. The Administrative Judge has not yet announced the process or timeline for reviewing claims. We have submitted a proposed plan to the Administrative Judge for consideration, but no order has yet been issued. Until the Administrative Judge orders your claim to go forward, there is no action that you need to take at this time.

Please note that if the Postal Service disputes your claim and sends the claim to the Administrative Judge, the Postal Service's 90-day deadline to issue a Final Decision on your claim is automatically stayed or extended. That means that your claim will have to be processed and reviewed by the EEOC Administrative Judge before the Postal Service will be required to issue a Final Decision. We do not yet have any estimate on the length of time that this process will take.

To the best of our knowledge at this time, the Postal Service has disputed every class member claim (in whole or in part).

The EEOC Administrative Judge may allow the parties to conduct discovery of documents and information, and take sworn depositions related to claims. If you have not yet retained Class Counsel to represent you in your individual claim, and you now would like to retain Class Counsel, please contact us at or by calling us at (585) 272-0540 or faxing us at (585) 272-0574.

We will provide updated information regarding the process on this website. Please continue to monitor this website for updates. Thank you.

Update – March 2018

Class Action Victory – Class Member Claims DUE NOW

The EEOC has issued its final decision denying the Postal Service’s request for reconsideration and allowing Class Members to file a written claim seeking money and other relief. Click here for information about how to file a claim and a suggested claim form to use.

Important Information About How To Submit a Claim and the Deadline to Make a Claim

You must submit a claim form in order to receive any money or other relief in this case. Our office has sent out suggested claim forms to class members which you can use to submit your claim. The Postal Service has also sent out a claim form, but even if you have submitted the form from the Postal Service, you can still send in our suggested form as well. Class Members who use the suggested claim form must fill out the form completely and mail it to the Postal Service at the following address: NEEOISO c/o MSI, P.O. Box 3787, Greenwood Village, CO 80155. Please also send a copy to Thomas & Solomon LLP at 693 East Avenue, Rochester, NY 14607 and keep a copy for your records.

You must submit your claim form within 30 days of your receipt of the notice from the Postal Service about this case. Our suggestion is that you mail your claim form as soon as possible.

Class members who use the suggested claim form are also indicating that they would like Thomas & Solomon LLP and Kator, Parks, Weiser & Harris, PLLC to represent them in making their claim for damages. A retainer letter included in the information packet explains the terms of representation. Class Members who do not want representation can indicate that on the claim form.

The Postal Service will have ninety (90) days after receiving a claim from a Class Member to decide whether to accept the claim. Class Members who have chosen to have Thomas & Solomon LLP and Kator, Parks, Weiser & Harris, PLLC represent them will receive assistance in challenging any claims that are denied.

Click here for additional information about the claims process, including the information packet materials mailed to Class Members.

You can read the EEOC’s final decision by clicking here.

Update – October 2017

EEOC Decision Issued In Response To Postal Service’s Appeal

On September 25, 2017, the EEOC issued its initial decision in response to the Postal Service’s appeal of the Administrative Law Judge’s favorable decision, finding that the NRP discriminated against the Class as a whole. You can see the entire decision by clicking here.

The EEOC decision is not final as of the posting of this information. The Postal Service has already announced that it will seek to have the EEOC reconsider its decision in the case. Once a request for reconsideration is filed, a decision is not final until the EEOC issues a new decision in the case.

Class Members do not need to take any action at this time (October 2017). If the EEOC confirms its decision and a final order is issued that permits Class Members to seek individual monetary and non-monetary relief, a written notice will be sent out to all Class Members. In addition, we will update the information on this website to keep Class Members posted on status updates and any deadlines that might apply to claims for relief. We cannot comment on possible relief available to Class Members until a final order is issued by the EEOC.

Update – December 2015

Initial Decision Finds NRP Discriminated Against Class

The Administrative Judge recently issued a favorable decision in favor of the class on most of the claims in the case. This means that the Administrative Judge ruled in favor of the class and against the USPS. Specifically, the Administrative Judge decided that the NRP violated the Rehabilitation Act on four claims: (1) Wrongful Disclosure of Medical Information—USPS failed to require redaction of an employee’s medical information as part of the NRP; (2) Failure to Provide a Reasonable Accommodation—USPS sent employees home with no-work available or partial no-work available determinations, or sent employees to new assignments as part of the NRP; (3) Disparate Treatment of Injured on Duty Employees—USPS targeted employees and sought to compel retirements under the NRP; (4) Harassment—USPS created a hostile work environment under the NRP.

USPS has indicated that it will appeal the Administrative Judge’s decision. We do not know how long it will take for the appeal to be decided. The claim process for individual class members will not begin until after the appeal process is completed. It is anticipated that the appeal process may take at least one year.

It is very important to emphasize that the Judge's decision does not provide any guarantee that any particular class member will obtain personal relief. Instead, the order finds in favor of several class-wide claims, and individual class members will be able to file personal claims in the future (if the Judge's decision is upheld on appeal). Also, even if the Judge's decision is upheld on appeal, the Agency may still attempt to prove that individual class members were not personally treated improperly or personally harmed under the NRP.

We will continue to update this website with information on the status of the case, and as always, we appreciate your patience with this legal process.

Update – May 2015

The EEOC recently issued a favorable decision denying a motion brought by the USPS seeking to decertify the class. The USPS argued that information obtained during discovery showed that the case should not go forward as a class action, and the Administrative Judge rejected this latest attempt by the USPS to break apart the class. This decision means that the case will move forward as a class action.

We are still waiting for the Administrative Judge to issue decisions on other pending motions which will determine how the case will move forward. We will continue to update this website with information on the status of the case, and as always, we appreciate your patience with this legal process.

Update – November 2014

Over the past few months, the parties have completed the ongoing discovery process in this matter, in which both sides exchange relevant information to move the case forward. While that phase was wrapping up, both sides have been submitting motions to the judge so that she can make decisions about how the case will proceed.

The motions will be fully briefed this month, and after that, we will be waiting for the judge to issue her decisions. At this point, we do not know how long the judge will take to review the submissions and render any decisions. As always, we appreciate your patience and cooperation as we continue on in this legal process.

Update – May 2014

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.

Update – March 2013


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.

Update – February 2010

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.

* ATTORNEY ADVERTISING * NRP Class Action is being handled by Thomas & Solomon LLP. * Damage awards in other lawsuits are only identified as an example of the types of settlements obtained and are not a guarantee of whether any recovery may be obtained in this case, or how much will be awarded.* Please Contact Us if you have any questions, comments or if you need information. Thomas & Solomon LLP 693 East Avenue Rochester NY, 14607 (585) 272-0540 (tel) (585) 272-0574 (fax)