Current Status of the Case
September 27, 2024 - Status Update
Late last week, we received notice from the EEOC that all hearings scheduled before October 18, 2024 were temporarily postponed while the EEOC works through some issues raised by the parties in the pre-hearing conferences over the last few weeks. In particular, the EEOC intends to issue a general order applying to all claimants scheduled for hearings. Many claimants whose hearing was temporarily postponed have already received new dates for their hearing. During this short postponement, our office continues to handle pre-hearing conferences and all deadlines associated with pre-hearing conferences and hearings.
As of now, all hearings scheduled after October 18, 2024 are still moving forward as scheduled.
While we understand the frustration with this short delay, we are hopeful that this will provide the EEOC the opportunity to ensure the hearing process is streamlined. Currently, there are still some hearings in October, as well as in the following months.
As a reminder, if you have received a Scheduling Order notifying you of a pre-hearing conference, and you are represented by our office, please immediately contact us at 585-272-0540. Please be aware that there are deadlines associated with the Scheduling Order, outside of the pre-hearing conference date.
Unfortunately, we still don't know if or when additional claimants will be selected for hearings, but we believe the start of hearings, and the subsequent issuing of decisions, is a movement in the case that benefits all claimants.
August 28, 2024 - Status Update
We know hearings, and the pre-hearing conferences, have been much anticipated so we wanted to provide an update as to how the process has been going.
During the past few weeks, our offices have been attending pre-hearing conferences with claimants we represent. In anticipation of those pre-hearing conferences, our office on behalf of claimants, as well as USPS, made written submissions to the EEOC. During the pre-hearing conference, which generally lasts approximately an hour, the Administrative Judges discuss the types of documents which can be used during the hearing, as well as who will be permitted to testify. Ultimately, hearings have started being scheduled with some beginning as early as later this month. The Administrative Judges are setting aside full days for each hearing, although we do not yet know if it will in fact last the entire day.
For those curious how it works in terms of our offices role with claimants, we work very close with those claimants selected for a hearing throughout the entire process, including with the preparation of their submissions in anticipation of the pre-hearing conference, speaking with claimants about their experiences with USPS, reviewing claimants documents, preparing claimants on the video conference technology used during the pre-hearing conference and the hearing, and preparing claimants for the hearing.
If you are curious as to how we may reach out to you if you are selected for a hearing in the future, we reach out in a variety of ways! We would not only send you letters in the mail, but we would call you, as well as email and text whenever possible. We also make multiple attempts to reach claimants over the course of a several week time period. Of course, if you have received a notice sent directly to you, please immediately reach out to our office at 585-272-0540 or email us at NRPclassaction@theemploymentattorneys.com.
Unfortunately, we do not know if, or when, more claims will be designated or who will be identified by the EEOC.
As always, please email NRPclassaction@theemploymentattorneys.com if you need to update your contact information.
We understand this has been a very long road, but we are hopeful these hearings are a significant milestone in the case. We appreciate everyone's patience as we continue the fight for the recovery for those claimants we represent!
July 18, 2024 - Status Update
Our offices are actively working with claimants who have received orders to appear at Pre-Hearing Conferences, including preparing required submissions. The first of those submissions are due next week, but are generally due a few weeks prior to the scheduled Pre-Hearing Conferences. The first of the Pre-Hearing Conferences begin in August and we expect the actual hearings to occur a few weeks after the Pre-Hearing Conferences.
If you have hired our office to represent you, and you have received a Scheduling Order setting a date for a Pre-Hearing Conference and/or received communications from a USPS attorney, but you have not yet spoken to our office, please immediately contact our office at 585-272-0540.
As always if your contact information has changed since the last time you contacted our office, please email us at nrpclassaction@theemploymentattorneys.com.
July 5, 2024 - Status Update
On July 3rd and again today, we have received some additional Pre-Hearing Conference notices. These Pre-Hearing Conferences are with either Judge Rose or Roberts-Draper and are scheduled for this coming August or September. As with the earlier Pre-Hearing Conference notices, these claimants will not only receive the notice from the EEOC, but our office has already reached out to these additional claimants.
Please continue to monitor our website for additional updates.
June 21, 2024 - Status Update
Today, our office began receiving Pre-Hearing Conference Notices for another small group of claimants. These Pre-Hearing Conferences are being scheduled beginning in August with Administrative Judge Roberts-Draper.
As we previously noted, we will reach out directly to any claimants selected for Pre-Hearing Conferences.
If you have not received a communication from our office, we ask that you do not call our offices directly to ask if you have been scheduled for a hearing so that we can ensure our phone lines remain available for those individuals who have received communications from our office.
June 18, 2024 - Status Update
As anticipated, today we began receiving additional Pre-Hearing Conference Notices for another small group of claimants. These Pre-Hearing Conferences are being scheduled in August with Administrative Judge Eisner.
We continue to anticipate that additional Pre-Hearing Conference Notices will be issued in the coming weeks.
As we previously noted, we will reach out directly to any claimants selected for Pre-Hearing Conferences.
If you have not received a communication from our office, we ask that you do not call our offices directly to ask if you have been scheduled for a hearing so that we can ensure our phone lines remain available for those individuals who have received communications from our office.
June 13, 2024 - Status Update
We are happy to share that we have received Pre-Hearing Conference Notices for a small initial group of claimants who will have a hearing with Administrative Judge Rose. These Notices were also sent directly to those claimants selected. The Pre-Hearing Conferences will begin in August 2024. Our offices have begun the process of reaching out directly to those claimants who have been selected!
We believe that there are likely additional claimants who will be selected for hearings in the coming weeks, we have not yet received those notices.
While we understand it may be disappointing that all claimants are not yet able to participate in a hearing, we believe this is a significant milestone in this case and a positive movement for all claimants. We are hopeful that once the EEOC has completed a sampling of hearings, determinations as to the remaining claimants will be able to occur in a much more expedited manner.
If you have any changes to your contact information, please email us at nrpclassaction@theemploymentattorneys.com.
IMPORTANT: We ask that you do not call our offices directly to ask if you have been selected for a hearing, so that our phone lines remain available for those who have been selected for hearings and have received communications from our office.
June 2024 Status Update - Hearings
On Friday, we received a communication from the EEOC which suggests an initial group of claimants will receive pre-hearing conference notices shortly!
As a reminder, the Administrative Judge previously stated that claimants will have at least 60 to 90 days notice before a hearing.
As soon as we have confirmation of who has been selected, and receive the notices, we will reach out directly to those claimants, and also post an update on this website. As of yet, we have not received the pre-notice conference notices or any hearing notices. There is no need to contact our office about the hearings, we will be reaching out directly to those claimants identified by the Administrative Judge.
We know this has been an extremely long and difficult journey, but it appears that we will begin seeing significant and important progress very soon.
April 3, 2024 – Status Update
During the April 1, 2024 status conference, the Administrative Judge asked if the Agency was able to identify a list of claimants it believed was ready for hearings. In yet another attempt to delay the process, the Agency indicated that no claimants were ready for hearings and that additional briefing should be done before moving forward. Our offices strongly objected to any further delays in the process, and the Administrative Judge indicated that she agreed with our position.
The Administrative Judge also indicated that the EEOC’s selection of claimants for upcoming hearings is well underway. The Administrative Judge anticipates that the initial batch of notices will be going out in the coming weeks. These notices will set dates for initial pre-hearing conferences. We have also learned that the EEOC may have additional Administrative Judges assigned to handle the hearings. We are hopeful that in the coming months, we will begin to see pre-hearing conferences, hearings on individual claims, and ultimately decisions by the EEOC.
Please note: the Administrative Judge has not yet indicated the identity of the claimants who will be selected for the initial batch of hearings.
Please continue to check the website, nrpclassaction.com, over the next few months for more updates.
March 15, 2024 – Status Update
Late yesterday, following our most recent request, Administrative Judge Roberts-Draper scheduled a status conference for April 1 at 11 a.m. As always, please continue to check our website (nrpclassaction.com) for updates in the days following the conference.
March 2024 – Status Update
Since our last conference with the EEOC, on December 11, 2023, our offices, along with the USPS, made submissions at the request of the Administrative Judge in order to assist her in the anticipated damages hearings. While we have not yet heard from the Administrative Judge on the scheduling of hearings, our offices have begun to prepare so that we can move swiftly as soon as they are scheduled. Through the administrator hired by the EEOC, the Administrative Judge posted the below update, which is very similar to the update we posted in December:
"This matter is a nation-wide class action consisting of approximately 30,000 class members. The Commission is working diligently to review and organize each damages claim and all related documents in anticipation of our final damages determinations. This process is time-consuming and very detailed. Please know we are working very hard to ensure fair and equitable relief is afforded to every eligible class member. Claimants will be notified in advance of, and be provided the opportunity to participate in, any damages hearing on their claim. We thank you for your continued patience and understanding as we adjudicate this matter as expeditiously as possible."
Our offices have now sent a letter to the Administrative Judge requesting a status conference in order to learn more about the anticipated schedule, including for the damages hearings. While we have not yet heard back, we will of course update everyone as soon as we have more information. In the meantime, if your mailing address, telephone number, or email address has changed and you have not yet informed our offices, please make sure to do so promptly by emailing NRPClassAction@theemploymentattorneys.com or calling 585-272-0540. Updating your contact information now, ensures that our offices can quickly contact you when and if a hearing notice is issued for you.
As always, please continue to check this website for additional updates.
December 11, 2023 – Status Update
The Administrative Judge held a video status conference with us on December 11, 2023. The Administrative Judge confirmed that the EEOC plans to begin designating certain Claimants for hearings on their relief claims in 2024. The Judge stated that the EEOC will give the parties 60-90 days advance notice before any hearings, so we should know much more about what to expect prior to the hearings taking place.
We will continue to provide updates on this website, including reports regarding the scheduling of hearings. Please continue to monitor this website for updates.
October 16, 2023 – Status Update
The Administrative Judge held a video status conference with us on October 16, 2023. The Administrative Judge reported that the EEOC continues the process of preparing and reviewing files related to the claims. Much of the status conference was devoted to ensuring that the EEOC had a complete record of documents for the claims, and that the EEOC understood how the parties had organized and filed the case documents.
The Administrative Judge again reported that the EEOC plans to begin designating certain Claimants for hearings on their relief claims. The Judge plans to give the parties 60-90 days advance notice before any hearings, so we should know much more about what to expect prior to the hearings taking place.
We will continue to provide updates on this website, including reports regarding the scheduling of hearings.
October 2, 2023 – Status Update
The Administrative Judge has scheduled a status conference for Monday, October 16, 2023 at 11 am. Consistent with prior status conferences, unfortunately, claimants are not permitted to join/attend the conference. Please check the website (nrpclassaction.com) for updates following the conference.
August 17, 2023 – Status Update
On August 4, 2023, our offices submitted all relevant documentation on behalf of claimants with a claim number beginning with 200XXX (M-200XXX). The Administrative Judge has now granted a brief extension of time to submit any further relevant documentation on behalf of this group of claimants. As a reminder, the requested documents for this group of claimants is any and all documentation you have confirming you were assessed under the NRP between May 5, 2006 to July 1, 2011 and experienced harm during the stated time period. The types of documentation that may be responsive include but are not limited to:
- any Orders or Decisions stating that an EEO discrimination complaint you filed between 2006-2011 has or should be subsumed into the matter titled Sandra McConnell v. USPS, Agency No. 4B-140-0062-06; and/or
- documentation you received during the NRP review process between May 5, 2006 to July 1, 2011, including for example: (i) Employee Leave Information Letter, Partial Day; (ii) letter scheduling you to appear for a meeting to discuss the next step in the National Reassessment Process; and (iii) letter indicating Notice of No Work Available.
If you have not yet submitted the requested documentation, or have any additional documentation, it must be received by our office by no later than August 24, 2023. You may send the relevant documents via email at NRPClassaction@theemploymentattorneys.com or via fax at 585-272-0574.
August 4, 2023 – Status Update
For those claimants with a claim number beginning with 200 (M-200XXX), as we noted in our recent correspondence, we requested an extension for the Administrative Judge's recent Order, however, no extension was granted. That means, consistent with the Order, our offices will submit all relevant documentation today. We will ask for the opportunity to supplement the record and add further documentation, but that is within the Administrative Judge’s discretion.
August 2, 2023 – Message from Jeremy Wright of Kator, Parks, Weiser & Wright, PLLC:
For anyone who may have received an email that looks like it came from me today, it was not actually sent by me, so I would recommend you go ahead and delete it. We apologize for any confusion this may have caused.
July 10, 2023 – Status Update
The Administrative Judge held another video status conference with us on July 10, 2023. The Administrative Judge said that the EEOC plans to resolve in the next few months the pending procedural questions regarding whether certain Claimants were untimely in filing their claims. After that issue has been addressed, the Administrative Judge stated that the EEOC plans to begin designating certain Claimants for hearings on their relief claims.
On July 3, 2023, we filed a comprehensive response regarding our clients who had been identified as possibly untimely by the Postal Service. All available evidence regarding timeliness was submitted by us at that time.
The USPS attorneys attempted to slow down the process by seeking to submit new briefing in response to our July 3 submission. The Administrative Judge refused to allow for more delay, and told the Agency that any new argument on the matter would be stricken from the record.
Based on the Administrative Judge's comments, we believe that we should see some real progress in 2023 toward EEOC decisions on some of the individual claims in this case. As always, please continue to monitor this website for updates.
June 23, 2023 – Status Update
The Administrative Judge has scheduled the next conference with our offices and the Agency for Monday, July 10th. The order setting this conference does not indicate the subject that the Judge intends to address. Please check back in on the website following the conference for an update.
June 2023 – Status Update
As many of you are aware, USPS has argued that a number of claimants were untimely in submitting their initial claim form to the USPS P.O. Box in Greenwood Village, Colorado. USPS has argued that these identified claimants failed to meet the filing deadline beginning in approximately April/May 2018. We are providing this update regarding the latest developments in connection with the issue of alleged untimeliness.
By way of brief background, in or about January 2023, we attempted notification (via email and first-class mail, whenever possible) of each claimant represented by us who was identified by USPS as being potentially untimely. In other words, if you are represented by us and USPS identified your claim as allegedly untimely, then we reached out to you on that issue, and provided instructions to you. Of note, a majority of the claimants in this case WERE NOT identified by USPS as being allegedly untimely.
In June 2023, the Administrative Judge issued several Notices of Intent to Dismiss Untimely Claims of Relief. In these notices, the Administrative Judge states that unless claimants who were identified by USPS as potentially untimely can establish that their claims were timely or demonstrate good cause why they should be accepted even though they were untimely, such claims will be dismissed. Both parties have a deadline of June 30, 2023 to respond to the Administrative Judge.
The Administrative Judge has provided a spreadsheet to the parties, along with directions for organizing the information and documents in a specific manner for consideration by the Administrative Judge. Our offices are currently busy preparing such documentation/information for the Administrative Judge.
It should be emphasized that the Administrative Judge has not yet issued any final decisions regarding dismissal on the basis of untimeliness. We continue to advocate on behalf of all claimants who are represented by us.
If you have any questions about this issue, including whether your claim is on the untimely list, please contact us at nrpclassaction@theemploymentattorneys.com or 585-272-0540.
March 8, 2023 – Status Update
The Administrative Judge held another video status conference with us. The Administrative Judge said that the EEOC has plans in place to move forward with the review of claims, and that decisions are planned to be issued in the coming months. The Administrative Judge did not provide details on which claims would be decided first, other than to announce that any claims that had been withdrawn by claimants would be dismissed in the next few weeks or so. (We have been receiving orders from the EEOC dismissing claims that were withdrawn by claimants.)
The Agency attorneys filed a list of allegedly untimely claims in December 2022. We contacted each of our clients who were included on the list. We recently filed our response to the Agency’s defense, providing legal argument and additional evidence to rebut the Agency’s allegations. The Agency requested that the Administrative Judge make a decision on the untimeliness defense before issuing any other decisions. The Administrative Judge has not yet issued a ruling on this request by the Agency.
Based on the Administrative Judge's comments, we believe that we should see some real progress in 2023 toward EEOC decisions on the individual claims in this case. As always, please continue to monitor this website for updates.
January 23, 2023 – Status Update
The Administrative Judge held another video status conference with us today, and shared some news about the EEOC's plans for moving this case forward.
First, the Administrative Judge noted the concerns that we submitted regarding the EEOC’s mailing and website. The Administrative Judge thanked us for providing the information, and told us that the EEOC already addressed some of the concerns that we raised. For example, we reported that there had been some confusing information provided by the EEOC’s administrator. The judge informed us that the EEOC had addressed the issues to make sure that everything would be correct moving forward. While small logistical concerns routinely come up as part of large-scale administration processes, the Administrative Judge assured us that the EEOC is taking care to provide effective oversight and ensure a proper process.
Second, the Administrative Judge noted that review of claims has begun, and that she hopes to begin, if possible, issuing orders and decisions on claims in the coming months! The judge noted that there would need to be hearings to address questions on some claims, but that she believed that she had sufficient information on some claims to issue relief decisions. Nevertheless, please keep in mind that the Postal Service can, and probably will, appeal every decision by the Administrative Judge that is favorable to any claimant. We will continue to provide updates on this website when we learn additional information about orders or decisions being issued by the Administrative Judge on claims.
The Administrative Judge granted our request for additional time to submit evidence in response to the USPS argument that some claims missed the filing deadline. You should receive a mailing and e-mail from us if USPS has argued that your claim was untimely. If you have received that notice from us, please provide the requested information to us as soon as possible, but no later than February 10, 2023.
We believe that the Administrative Judge's news from today means that we should see some real progress in 2023 toward a final result for your claim in this case. As always, please continue to monitor this website for any updates.
January 11, 2023 – Status Update
As a reminder, the EEOC website through the third-party administrator is not associated with our office. This means that if you have updated your contact information, including address, phone number, email address, and/or name, through the EEOC website (www.eeoc-nrpphase2.com) or by calling the third party number identified in the EEOC’s recent communication, you must also contact our office as well to update the information. You can give our office a call at 585-272-0540 or email us at nrpclassaction@theemploymentattorneys.com.
Additionally, if you have recently updated your contact information with our office, please make sure to also update your information with the EEOC through the third party administrator. This can be done by going to the website, www.eeoc-nrpphase2.com, or by calling 877-465-4142.
December 28, 2022 – Status Update
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.
December 19, 2022 – Status Update
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.
November 28, 2022 – Status Update
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.
October 31, 2022 – Status Update
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. The 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.
September 2022 – Status Update
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.
August 2022 – Status Update
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.
July 2022 – Status Update
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.
May 2022 – Status Update
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 NRPClassAction@theemploymentattorneys.com.
April 20, 2022 – Status Update
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.
April 13, 2022 – Status Update
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.
March 4, 2022 – Status Update – Status Conference
Today we had a very productive two hour video call with EEOC Administrative Judge Roberts-Draper regarding a process to move this case forward. The EEOC Administrative Judge explained that the purpose of the call was to explore the types of claim information that the Agency and our offices could provide to the EEOC in order to move the process forward. In particular, the EEOC Administrative Judge wants to have the relevant information in a spreadsheet format that would allow the Judge to easily access the information, with a goal of moving forward with the process of claim determination.
Significantly, the EEOC Administrative Judge made clear that only Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC, along with the Agency, will be working directly with the Judge both during the call itself and as we move forward with this process. By doing so, the EEOC Administrative Judge is hopeful that unnecessary delays are avoided. As Phase 1 Class Counsel, responsible for the leading the charge that led to the EEOC’s finding that the Agency created and implemented a program that discriminated against thousands of US Postal employees, our offices are honored to lead the fight during Phase II to ensure that there is a fair and efficient process designed to evaluate claimants and the relief they may be entitled to.
During the video call, the Administrative Judge asked the Agency a series of questions as to their ability to quickly access a variety of information needed in order to evaluate claimants and to produce it in an excel format for the EEOC. While the Agency once again attempted to further delay the matter by claiming that some of the data such as disability status was not something they had access to in the requested format, our offices were quick to point out systems in which such information could be accessed by the Postal Service. As a result of our identification of various processes and systems that could easily be utilized to gather the information needed by the EEOC, the Agency was ordered to provide an update to the EEOC Administrative Judge within a week as to their ability to access and produce such information. Our offices also agreed to provide some additional information that should assist the process which was obtained from the Postal Service during the course of the litigation and should provide the EEOC Judge with much of the requested information.
Please note: the Judge emphasized that the EEOC wants to have the most current contact information for each claimant. If you are represented by our offices and have changed your contact information, including telephone number, mailing address, or email address, please make sure to promptly update such information with our offices. You may email our office at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540.
During the call, we voiced the frustration of our clients as to the continuous delay tactics used by the Agency that has made this process nearly fifteen years long and not yet complete. We emphasized that our clients have one simple goal: a just resolution for their claims of discrimination under the NRP. We also noted that even their responses to the EEOC Administrative Judge’s questioning was further demonstration of their pattern of behavior: delay, deny, delay, deny. We promised the Judge we would do everything we can to help the EEOC issue claim determinations as soon as possible.
It is worth noting that on the video call was EEOC Administrative Judge McCauley and a data person from the EEOC. While neither spoke during the video call, EEOC Administrative Judge Roberts-Draper did take several breaks in order to confer with her team and review her notes.
At the end of today’s status conference, the Judge noted that there will be subsequent conferences to continue to ensure that the EEOC has all of the information needed to evaluate claimant relief. The Judge said she will schedule the next conference after she evaluates the information provided in connection with today’s call.
As the attorneys who initially filed the charge that began this action back in 2007, we understand this has been a long and frustrating road, but please know that we will continue to fight for each of our claimants. Because of each of you and your willingness to speak out about the injustices you and others like you faced, the Agency has been found to have discriminated against injured employees and now they must face the consequences for their actions and provide relief to those people who are found to have been injured! We eagerly await the next conference with the Court and will provide an update when one has been scheduled.
February 2022 – Status Update – STATUS CONFERENCE SET BY EEOC
The EEOC Administrative Judge has scheduled a video Status Conference for the attorneys and representatives on March 4, 2022. The Judge has indicated that during the Status Conference we may be provided information about the EEOC’s plan to move the claims process forward. It is also expected that the Judge and the parties will discuss the large volume of information related to the claims process, and the possibility of organizing relevant information in an electronic spreadsheet format. We will post an update on this website shortly after the Status Conference.
As a reminder, the EEOC has not issued any decisions on any of the claims. The Postal Service continues to vigorously oppose all forward movement on the Judge’s Order regarding Special Masters. And the Postal Service has not paid any attorney’s fees to our firms for the claims process – not one dollar.
At the upcoming Status Conference we hope to learn more about the EEOC’s plan to move this process forward. We will continue to oppose the Postal Service’s ceaseless efforts to delay payments to Class Member claimants.
Please check this website for an update after the Status Conference on March 4, 2022. Thank you for your continued patience through this process, and for your strong perseverance in the face of the Postal Service’s stalling tactics.
August 2021 – Status Update
Recently many claimants have been asking about the timeline as to when claims will be evaluated. Unfortunately, while it has been more than a year since the Judge initially ordered that up to five Special Masters be used in this process, no claims have yet been evaluated and we do not believe that any large volume of claims will be evaluated by fall of 2021. Indeed, while our attorneys submitted their list of five Special Master candidates, the Postal Service has attempted to delay things by filing objections and multiple appeals to prevent this process from moving forward. While each of these attempts to delay the action have been rejected, the Administrative Judge has not yet selected a Special Master. Until the Special Master (or Special Masters) have been appointed, the initial batch of claimants to be reviewed cannot be selected and thus no claims can be evaluated. We are hopeful though that in the near future we will hear from the Administrative Judge so that the process can move forward. We understand that this has been a long and frustrating journey, but as your attorneys, we will continue to take every action possible to help the Judge move this process forward! Please continue to check our website for updates in the coming months and as always, feel free to give us a call as to where things stand.
July 2021 – Status Update
Pursuant to the Administrative Judge’s Order approving the use of Special Masters, Thomas & Solomon LLP and Kator, Parks, Weiser & Harris PLLC have already submitted a list of five potential Special Masters who have great experience in handling large number of claims similar to the claims in this case. At this time, the Administrative Judge has not yet made her selection of Special Masters. With the recent dismissals of the USPS “final action” and appeals of the Administrative Judge’s orders, we are hopeful that the Special Masters will be selected soon and the claims review process will commence in the very near future.
May 17, 2021 – Status Update
EEOC DISMISSES ANOTHER USPS APPEAL
The EEOC Office of Federal Operations (EEOC-OFO) dismissed another USPS “final action” and appeal of the Administrative Judge’s orders regarding the use of Special Masters to assist with review of the claims. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. The USPS attorneys sought to use its repeated appeals as a way to stall the case further and challenge the Administrative Judge’s authority. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future.
Please continue to monitor this website for updates on the case. Thank you for your continued patience!
March 30, 2021 – Status Update
Administrative Judge’s Order Rejecting Postal Service’s Encouraging of Claimants to Request Final Agency Decision
In response to the Administrative Judge’s February Order setting out a process to review claims by the use of Special Masters, the Postal Service filed a motion seeking to both delay the case and encourage as many class members as possible to withdraw from the case.
In particular, the Postal Service wanted to encourage claimants to request Final Agency Decisions (or FAD) in order to drop out of this case and start over.
On March 22, 2021, the Judge issued an Order squarely rejecting the Postal Service’s motion. The Judge’s Order explains that “the very question of FADs is premature, baffling and utterly irrelevant at this point.” The Judge emphasized that the Postal Service was required to wait for the Judge to issue a decision on claimant relief before issuing a FAD. The Judge’s Order says, “no claimant is entitled to a FAD until the AJ issues a decision on the disputed claims. Since no decision has been issued on any of the disputed claims, NO ONE IS ENTITLED TO A FAD. NO ONE SHOULD BE REQUESTING A FAD and THE AGENCY SHOULD NOT BE ISSUING FADs.”
The Judge went on to explain that although claimants themselves can seek a FAD and thus leave this case, the Judge also said it is:
unclear why any claimant would opt out of the class and seek a FAD. The purpose of this class action is to remedy a harm that has adversely affected over 28,000 individuals nationwide in the Postal Service. The value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP. How is withdrawing from the class and requesting a FAD beneficial to the individual claimant (who risks getting nothing from the Agency) or to the class (whose numbers will quickly lessen)?
These are strong words from the Judge, indicating her resolve to push forward with the claims process as fast as possible.
On a related issue, a few claimants have asked if they can both request a FAD and still get the advantages of this case. The Judge answered this question explicitly, and the answer is “No.” The Judge noted that there are two ways this case will be resolved: (1) either through the special master process; OR (2) if a claimant opts out and seeks a FAD. However, the Judge emphasized the perils of seeking a FAD: “If a claimant seeks a FAD and gets nothing, the process of appeal and hearings and evidence starts all over again for that individual complaint and if there has been a settlement in the McConnell Class Action, said Complaint runs the risk of being foreclosed for any review of their claims or compensation from any prospective settlement.”
Although as discussed above the Judge did not think it was a good idea to opt-out of this case, she noted that people have the legal right to do so. The Judge set forth what the opt out claimant would need to expressly state in writing:
that claimant is aware that they are seeking a Final Agency Decision (FAD) on whether they are entitled to damages and to how much they are entitled, that the FAD may or may not be in their favor, and if so, claimant has the right to seek an appeal from OFO, said appeal may or may not be reviewed given that there is a McConnell Class Action Remedial Phase litigation. If claimant’s appeal is heard by OFO, the Agency’s decision can be upheld or the case can be remanded to an AJ in that claimant’s geographical area to determine damages.
As your attorneys, we agree with the Judge’s negative view of the opt-out process. We strongly recommend that you do not opt out of this process. As the Judge noted in her decision, “the value and strength of the lawsuit is that there are so many people who the Commission has found to have been harmed by the NRP.”
March 26, 2021 – Status Update
EEOC DISMISSES USPS APPEAL
With a letter order on March 26, 2021, the EEOC Office of Federal Operations (EEOC-OFO) dismissed the USPS “final action” and appeal of the Administrative Judge’s orders regarding the use of Special Masters to assist with review of the claims. This decision by EEOC-OFO means that the case remains fully before the EEOC Administrative Judge, and that she can use her discretion to find an appropriate method to have the claims reviewed and decided. The USPS attorneys sought to use the USPS March 17, 2021 appeal as a way to stall the case further and challenge the Administrative Judge’s authority. With this fast, favorable decision by EEOC-OFO, the course is now set to have the claims review process commence in the very near future.
Please continue to monitor this website for updates on the case. Thank you for your continued patience!
March 22, 2021 – Status Update
Further Information on New Order from Judge
As noted in our February 2021 update, the Judge recently issued an Order setting out a process for reviewing claims in this case.
For those claimants represented by Thomas & Solomon and Kator, Parks, Weiser & Harris PLLC, we have recorded a message that not only provides a further update of the Judge’s Order, but also responds to many frequently asked questions. In order to access the recorded message, you will need to call a special phone number. If you are represented by our offices, you have received (or soon will receive) an automated telephone call from us, providing you with the special telephone number for you to call and hear the recording. If you did not receive an automated call from us with the special number for you to call to hear the recording, please reach out via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540.
Please know that the system with our recorded message can only handle a certain amount of callers at any given time, so please be patient if you do not get through the first time you call. The recording will be available 24 hours a day (7 days a week) until April 9, 2021.
If you intend to listen to the entire recording, please plan for a recording that lasts 30-45 minutes.
There will be a Spanish translation of the recording also available at the same number. If you are a person who is hard of hearing or deaf, and you need an alternative method of receiving the information, please reach out to our office directly via email at nrpclassaction@theemploymentattorneys.com or by telephone at 585-272-0540.
March 19, 2021 – Status Update
USPS SEEKS TO STALL CASE WITH IMPROPER APPEAL
The USPS attorneys are attempting to further delay the awards in this case by filing an improper appeal in the middle of the process. USPS actually tried this in 2013 in this case, and the untimely appeal was rejected. We will work to ensure that the EEOC again swiftly rejects the improper appeal, and work to have the EEOC Administrative Judge press forward with an efficient review process without delay. Please continue to monitor this website for further updates.
March 2021 – Status Update
List of Special Masters Filed with EEOC Judge
On March 8, 2021, we followed the EEOC Administrative Judge’s orders, and filed a list of five potential Special Masters who can assist with processing the claims in this case. We conducted extensive research, and came up with a list of five Special Masters who have great experience at reviewing large numbers of claims similar to the claims in this case. And they have all been able to complete a review of large numbers of claims in a reasonable amount of time. We hope that this will assist the Administrative Judge in getting all the claims in this case reviewed and decided in an efficient manner. As we learn more about the Administrative Judge’s plans ahead, we will provide updates on this website. Thank you for all of your continued patience with this case, and we hope to have more progress to report to everyone soon.
February 2021 – Status Update
IMPORTANT NEW ORDER FROM JUDGE
The EEOC Administrative Judge issued a new order regarding the processing of claims in this case. The Judge reiterated that Special Masters will be used to speed up the claim review process, and the Judge rejected all USPS objections to the use of Special Masters. The Judge also modified her previous order as we requested, eliminating the need for claimants to pay for the Special Masters. Citing to our legal briefing, the Judge clarified that USPS must pay all charges for the Special Masters. This is a big victory for all claimants, and a giant step toward conclusion of this process.
To recap: in July 2020 the Judge issued an order setting up the use of Special Masters to speed up the claim review process, but USPS argued that the Judge lacked authority to use Special Masters and could not force USPS to pay for Special Masters; the Judge’s recent order, citing our legal briefing, brushed aside USPS objections. As explained by the Judge in the recent order:
“[T]he U.S. Postal Service was found liable for creating and implementing a years-long, nation-wide program that discriminated against thousands of disabled USPS employees. The Agency has necessitated the referral to Special Masters because it has disputed every single claim for damages and argues that the Commission has to hear and decide all 29,000 disputed claims, knowing that the Commission has limited resources to do so and such a task would be near impossible to complete, effectively creating an insurmountable impasse.”
In our view, this order reflects the Judge’s determination to press forward as fast as possible despite all efforts by USPS to delay and disrupt the claim review process.
For our clients, we are planning to have a recorded call or video later in the next month where we can answer questions and discuss the next steps in the process. We will also address the risks of leaving the EEO process and starting your case all over again in federal court, something we strongly recommend against without talking to a member of the legal team first. Clients who would like to submit questions for us to address, please send your questions via email to nrpclassaction@theemploymentattorneys.com or send us a letter to Thomas & Solomon LLP, 693 East Avenue, Rochester, NY 14607. Please continue to monitor the website for further updates.
December 2020 – Status Update
We wanted to reach out and give a quick update on the case, and answer some questions that have been raised. The claims, evidence, and legal briefs for all of our clients' relief claims have been submitted to the EEOC Administrative Judge. The Judge has not yet made clear exactly how she plans to move forward with reviewing the information or issuing relief decisions. The Judge set up a course of review that would have had outside masters review a number of claims, but that approach seems to have been stalled out due to USPS objections. We have presented the Judge with many options on ways to quickly move the relief process forward, and we continue to do everything we can to help get relief into your hands.
Our goal is to get this matter resolved in a fair way as quickly as possible. We hope to have some good progress on final awards during 2021, and we will continue to post updates on this website.
We thank you all for your continued patience with this process. We share your frustration with how long this is taking, and we share your anger with the Postal Service's continued efforts to delay justice in this case. Please know that we are fighting for you, just as we have done for over 10 years.
Here are answers to some questions that have been presented by a number of the class members:
What if I move or change my contact information?
For our clients, please provide your updated contact information to us. The best way to provide this information is to email us at nrpclassaction@theemploymentattorneys.com. We keep track of our clients' contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it.
Will my claim continue if I die?
First, please know that we will continue fighting to get you the best possible award. We are dedicated to achieving the best results for you in this case, and we will not let the USPS game of dragging this process out free them from their legal obligations.
Your claim in this case is a personal asset. Upon your death, all of your assets will pass along, either under the terms of a will or (if you have no will) pursuant to what the law prescribes. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate.
Unfortunately, some of our clients in this case have passed away. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution.
Can I be reinstated to my USPS job now while this relief process is ongoing?
There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. If it is found that you meet the legal criteria for reinstatement, the Judge can order USPS to give you back the job you held before the NRP.
November 2020 – Status Update
There has been no confirmation yet from the EEOC judge on whether Special Masters will be used to review a number of the claims. Various parties, including USPS, objected to terms of the judge's order, and it is our understanding that the judge is still considering those objections and possible changes to her plan to proceed. We continue to work with the judge to move this case forward toward a final resolution. We will provide an update on this website when we learn more about the judge's decision regarding the process moving forward, and any other significant updates in the case. Thank you for all of your patience.
July 2020 – Status Update
The Postal Service, as well as several other attorneys representing claimants, requested additional time to object to the Administrative Judge’s Order approving the use of Special Masters. (Our firms did not seek any such extension.) To accommodate the requesting parties, the Administrative Judge extended the deadline to object until August 28, 2020. We continue to take every action we can to ensure that this process moves forward as quickly as possible. Please continue to monitor the website for updates.
July 14, 2020 – Status Update
The Judge issued an important order today approving the use of Special Masters to assist the EEOC in reviewing the 28,000+ disputed claims in this case. Federal courts commonly use Special Masters to assist with adjudication of complex class actions. In this case, the EEOC will appoint five Special Masters who will each have broad discretion to recommend damages and relief for the claims presented to them.
Pursuant to today’s Order, 2,200+ claimant names will be presented to the Special Masters in approximately three months, representing the initial batch of claims for review and consideration by the Special Masters. After that, the Special Masters will have no more than one year to issue recommended damages and relief for each claim presented to them.
Thus, by the Fall of 2021, the EEOC will have a large volume of claim valuations for this case, which will accelerate the EEOC’s valuation of all the remaining claims. In addition, it is possible that the Special Masters’ valuation of 2,200+ claims will help the parties evaluate possible settlement of claims. In this way, today’s Order marks a significant advance toward individual relief awards for each claimant.
Today’s Order is somewhat complicated, and it is possible that the Judge will issue revisions as the process moves forward. Nevertheless, today’s Order reflects the Judge’s strong desire to move the process forward decisively.
Please continue to check this website for updates. Thank you for your cooperation and patience through this lengthy process.
May 2020 – Status Update
While Covid-19 continues to keep our office building closed, please know that we are still actively working on this case from our homes. Similarly, the Administrative Judge has indicated that she is working remotely on this case (and others). We will continue to provide updates on this website as notable developments occur. We hope you and your loved ones are safe during these difficult times.
March 2020 – Status Update
The claims process is still moving forward. Although the Covid-19 situation has caused the EEOC New York office to close, the Judge has assured us that her work on the case continues.
Our law offices have also been impacted by the Covid-19 situation. As a result of the Covid outbreak, and in accordance with state mandates, Thomas & Solomon’s office is currently closed. However, attorneys and staff are working remotely, and we are monitoring our voicemail. Due to these changes, please be aware that there may be delays in our offices responding to any inquiries. Our attorneys continue to work on this case, and we are in regular contact with the Judge. We continue to take every action possible to help the Judge move this process forward.
Please continue to monitor this website for any updates.
March 5, 2020 – Status Update – Deadline to Submit All Supplemental Documents to the Administrative Judge
As a reminder, if you have any additional documents that you would like to be included in the final production to the Administrative Judge, and you have not yet provided them to our office, we must have them by March 6, 2020. If you have any questions, please feel free to email us at nrpclassaction@theemploymentattorneys.com or call us at 585-272-0540.
January 24, 2020 – Status Update – Status Conference
In a relatively short status conference this afternoon, the EEOC Administrative Judge let everyone know that the process is slowly moving forward one step at a time. She set a deadline of March 31, 2020 to submit any and all supplemental documentation regarding claims. Therefore, if you have not already provided us with a Disability Form (“Supplemental Declaration Regarding Disability”), you must provide that form to us right away so that it can be filed by March 31. If you need another copy of the Disability Form to complete, please contact us at 585-272-0540. (If you have already completed that form and submitted it to us, there is no other action needed by you at this time.)
The Judge stated that she is in the process of organizing all of the claim records, and that she hopes to begin reviewing the substance of those claims later this Spring. She emphasized, as she has previously, that the process may take some time, due to the very large number of claims. She also stated that she will continue speaking to the lawyers during the next few months about the possibility of settlement. However, please keep in mind that the Postal Service has not yet made a settlement offer to resolve any of the claims in this case.
Again, if you have not yet provided us with a Disability Form (“Supplemental Declaration Regarding Disability”), you must provide that form to us right away so that it can be filed with the Judge by March 31.
January 17, 2020 – Status Update – Pittman Settlement Letters
It has come to our attention that a number of people who were Class Members in the Pittman v. USPS class action have been receiving letters from USPS about that settlement process. The letters state that the USPS has possession of your settlement claim form from the Pittman class action, and you can request a copy of the claim form from the USPS.
Please note that this does not directly relate to your claim in the NRP Class Action. We were not involved in the process of USPS accessing Pittman settlement documents, and those documents do not directly relate to the NRP Class Action.
We recommend that if you do receive a letter about the Pittman v. USPS class action, you request a copy of your claim form and retain it for your records. You can send a letter that states "I request a copy of my Claim Form from the Pittman class action," and provide your mailing address. You should mail this letter to:
USPS - NELU
600 17th Street, Suite 1705-S
Denver, CO 80202
There is no need at this time to send a copy of the Pittman claim form to our offices. We recommend that you retain the claim form documents for your records. For more information about the Pittman class action, please go to http://www.pittmanclass.com. Thank you.
November 2019 – Status Update – Status Conference Held
The EEOC Administrative Judge held a status conference on November 19, 2019.
The judge stressed that the EEOC is actively weighing different ways to move the process forward. When the judge provides information on how the claims process will be handled moving forward, we will post a new update on this website.
The judge directed that the USPS set up a website to post updates and orders in this case, and USPS announced that the website was now set up at www.uspsclassactionclaims.com.
A motion that was filed regarding claimants who had partially-accepted claims was discussed, and the judge set a schedule for the parties to submit written responses regarding the motion.
The next status conference is set for January 24, 2020.
October 31, 2019 – Status Update – Keep us updated too
In order to keep our internal records accurate, please continue to keep our office updated on any changes to your contact information or other significant life events, such as a diagnosis of a terminal illness or the filing of bankruptcy.
October 22, 2019 – Status Update
A status conference has been scheduled by the Administrative Judge for November 19, 2019 at 2:00 pm EST. Please continue to check the website for updates.
September 27, 2019 – Status Update
The status conference scheduled for September 26, 2019 was cancelled by the Administrative Judge. No new date has been scheduled, but please continue to check the website for updates.
September 3, 2019 – Status Update
Over the next few weeks, we will be sending out new forms to many of our clients to complete. These forms are very short, and most clients will be able to complete these forms in five minutes or less.
We are sending these forms to our clients because the Judge has raised a few questions, and these forms will provide the Judge with clear, concise answers. In other words, our clients should complete the forms and return them to us as soon as possible so we can help the Judge move forward in the claim review process.
Please note: we are using email to send these forms to our clients to the greatest extent possible. For those clients who have not provided us with an email address, we are sending the forms via first-class mail, with a postage-paid return envelope. Also, please note that not every client is being sent these forms at this time.
If you have any questions about the forms when you receive them, please contact us at 585-272-0540. Thank you as always for your cooperation and support during the claim review process.
August 23, 2019 – Status Update
Earlier this week, the EEOC Judge spoke with our legal team about the possibility, in theory, for broad settlement of the claims for relief in this case. The Judge has repeatedly emphasized her strong desire to identify a path for prompt, fair resolution of valid claims for relief. We strongly agree with this goal, and we pledge to continue our advocacy on behalf of all the claimants that we represent. We greatly appreciate the Judge’s efforts.
We have not spoken with USPS attorneys about settlement of any claims. The bottom line remains as before: there is no indication at this time that the Agency is prepared to make any settlement offer to any claimants. There is no need for you to take any action at this time regarding the possibility of settlement.
For better or worse, this case presents numerous potential impediments to wide-spread settlement. Our legal team has experience achieving successful class-wide settlements in complex cases, but we also have experience pushing forward with litigation if fair settlement cannot be reached with the other side. Fair settlement is not possible in every case, so we must be prepared for continued litigation of your claims.
Experience demonstrates that fair settlement in a case like this cannot be achieved without lengthy, complex negotiations lasting months or even years. We will continue to keep you posted on all major developments in the case.
Please check this website for updates. As always, we greatly appreciate your support and patience throughout this process.
August 12, 2019 – Status Update
EEOC rules and guidelines require all parties to be willing to discuss the possibility of settlement with the EEOC Judge. Last Friday, Judge Roberts-Draper issued a schedule for talking to the lawyers about the possibility of settlement. However, there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Thus, as of this time, nothing has changed in terms of possible settlement, and there is no need for you to take any action at this time regarding the possibility of settlement.
We are very grateful for the Judge’s willingness to discuss the possibility of settlement. Our goal, as always, is to push for prompt appropriate relief for the victims of NRP discrimination. Settlement generally provides a much faster path to relief for the victims of discrimination, as opposed to the many years associated with continued litigation and appeals. However, settlement is not possible in every case. (For better or worse, the Postal Service has a reputation for preferring delay and continued litigation over prompt appropriate settlement.)
The bottom line is this: there is no indication at this time that the Agency is prepared to make any settlement offer to any individual claimant. Again, there is no need for you to take any action at this time regarding the possibility of settlement.
Please continue to check this website for updates, and thank you as always for your support and patience throughout this hard-fought case.
August 7, 2019 – Status Update
Yesterday afternoon, the parties participated in a status conference with EEOC Judge Roberts-Draper. The call was very lengthy, lasting almost three hours. Judge Roberts-Draper indicated that she would issue a written order providing her decisions on some pending procedural motions. Here is a copy of the Order.
Of note, Judge Roberts-Draper continued to express a strong desire to expedite the claims process in order to provide appropriate relief to claimants. On the other hand, the Judge acknowledged the extraordinary difficulties associated with a case of this magnitude and complexity. In addition, the Judge made it clear that individual relief decisions would not be issued in the immediate future.
Please continue to check this website for updates, and thanks as always for your support and patience throughout this lengthy legal process.
July 15, 2019 – Status Update – Claim Statements Filed
As of July 15, 2019, we have filed a legal brief (Statement) and evidence on behalf of all Claimants who are represented by our law firms. We organized and submitted all available documentation in accordance with the Case Management Order. The EEOC Judge now has submissions from both sides regarding relief for all Claimants.
The next status conference with the EEOC Judge is scheduled for August 2019. We will promptly update this website as soon as we have news to report.
Thank you for your support, assistance, and patience throughout this claims process. We hope that we are now a big step closer to seeing actual relief provided to all those harmed by the NRP.
Of note, we may request feedback or clarification from some Claimants in the next few weeks. If you receive a request for information from us, please reply as soon as possible. Thank you again for your cooperation and patience.
June 2019 – Status Update – Submission Regarding “Partially Accepted” Claims
As you may be aware, USPS disputed every claim submitted in this case. On the other hand, USPS “partially accepted” some parts of a small percentage of claims (less than 2%). (Even in that small subset of claims, the Postal Service has not yet paid a single dollar to any claimant, to the best of our knowledge.) Recently, USPS asked the Judge to create a new, slower process for handling these “partially accepted” claims. Today we filed our response to the USPS filing, pointing out that the USPS proposal would slow down the processing of these claims for no good reason. Further, we urged the Judge to direct USPS to promptly provide claimants with the partial relief that USPS has already conceded in these claims. Under our proposal, the claimants who have already obtained partial concessions from USPS will receive the benefit of that relief now, while continuing to seek full recovery through the normal EEOC claim-adjudication process set forth in the Case Management Order.
The Judge has indicated a desire to resolve this issue promptly, if possible. We will provide an update to the website as soon as the Judge issues a decision. In the meantime, we continue to collect and organize a very large amount of claim information for timely submission to the Judge. If you receive a request from us for additional information, we urge you to respond as soon as possible. Thanks as always for your ongoing patience, and your assistance in this case.
June 2019 – Status Update - USPS Provides Some NRP Files to Counsel
The Administrative Judge ordered USPS to provide certain missing NRP Activity File pages to the attorneys by May 28, 2019. USPS provided a limited number of the missing pages to counsel by that date, but refused to produce all of the files that we sought. We will promptly pursue this issue through the appropriate process. Please note that the Judge did not order USPS to provide a copy of the NRP Activity File documents directly to any claimants in the case.
As before, our plan is to submit the NRP Activity File documents, along with all the other evidence related to your claims, plus a legal brief, by the July 15, 2019 deadline set by the Administrative Judge. We are pressing forward and will not be deterred, despite this latest delay tactic by USPS.
May 2019 – Status Update
A lengthy status conference was held with the Administrative Judge on May 13, 2019. As before, the EEOC Judge indicated a strong desire to move the claims process forward as quickly as possible. On the other hand, the Judge emphasized that the very large number of claimants in this case is unprecedented, and the Judge observed that she has a limited amount of time and resources to devote to this case. Continued patience is therefore required.
One important issue was decided during the status conference. We had asked that the Judge order USPS to provide the NRP Activity Files for every Claimant directly to the Judge and the Claimants themselves. The Judge partially granted our motion. Pursuant to the Judge’s order, we will present the USPS attorneys with a list of all pages that were missing (or otherwise unreadable) from the USPS production of NRP Activity Files for Claimants who hired our law firms. The Judge ordered USPS to produce the identified documents to us no later than May 28, 2019. As a result of the Judge’s order, we soon should have all NRP Activity Files in connection with our firms’ clients. The Judge did not approve our request for NRP Activity Files to be provided regarding Claimants who did not hire our law firms, but said that she would wait to see the filings regarding those claims to determine whether she will order USPS to provide her with those NRP Activity Files at a later date.
In addition to issuing this order regarding NRP Activity Files, the EEOC Judge also explained that she is in the process of organizing all of the documents and information submitted by all claimants in this case. The Judge emphasized the very large volume of documentation submitted to her, and also indicated that limited time and assistance was available to her. The Judge expressed a hope that she could begin to review individual claims in late July or August. Again, the Judge demonstrated a strong desire to move the claims process forward as quickly as possible.
Please note that our firms (Thomas & Solomon, and Kator, Parks, Weiser & Harris) have stopped taking on new clients in this matter. If you have not previously retained our firms to represent you with your individual claim for relief, we are not now in a position to take on your case. If you have already hired our firms to represent you, we will be filing a legal brief in support of your claim.
Please continue to monitor this website for status updates. And if you are a client of our firms and you have not already done so, please complete and send to us a Declaration form as soon as possible (no later than May 28, 2019). (A copy of the Declaration form is available by clicking this link). Thank you!
April 18, 2019 – Status Update – Motion Filed to Force USPS to Submit NRP Files
Our battle with the Postal Service continues regarding their refusal to provide evidence to the EEOC Judge in connection with individual claims for relief. We have asked the EEOC Judge to force the Postal Service to provide the NRP Files created by USPS management directly to the EEOC Judge and to each claimant, so that the EEOC Judge will have this highly-relevant information while assessing individual claims for relief.
To see the Motion that was filed, CLICK HERE.
We will post an update to this webpage as soon as a ruling is issued on this Motion.
April 9, 2019 – Status Update for Our Clients
The Judge issued an order today, providing us with an extra 90 days to file submissions for our clients. With this clarification, we will continue the time-consuming process of preparing the claim submissions for the Judge’s consideration. A significant amount of legal work remains to be accomplished as we press forward on every front.
If you have not yet provided a Declaration to us, you now have one last opportunity: if you provide us with a Declaration as soon as possible and no later than April 30, 2019, we will be able to include your Declaration in a timely submission to the Judge. We strongly encourage you to submit a completed Declaration to us in order to enhance your claim for monetary relief. You can access the Declaration (with instructions) by clicking here. This same deadline (April 30, 2019) applies to all supporting documentation you would like to submit to us.
Please note, if you reached out to our office recently and have not yet heard back from us, we are returning calls in the order received. Of course, please feel free to call our office again at 585-272-0540, and you may be able to get through.
April 8, 2019 – Status Update
As previously reported, we have filed an extension request with the Judge. The Judge has indicated generally that a reasonable extension of time will be allowed, but the Judge has not yet issued a written order. As soon as the Judge issues a written ruling on our motion for extension of time, we will post updated information on this website.
The bottom-line is this: we will take all steps necessary to provide the Judge with timely submissions for all our clients.
Thanks to all who have returned Declarations to us. We are continuing the process of organizing this information as fast as possible.
In the past few weeks, we received a very large number of calls and emails related to this case. We continue to respond to each call and email in the order received. If you have not yet received a call back, you may try to call us again, and you may be able to get through. In any event, please rest assured that we will return all messages. As always, we greatly appreciate your patience during this process.
Many of you have asked about the next steps in the EEOC process. Because the enormous volume of individual claims is unprecedented at the EEOC, no one is completely certain about the precise path that the litigation will take. But the general direction is clear: the Judge wants to move the claim process forward as fast as possible. Accordingly, we are pressing forward on all fronts, and our goal remains as before: we seek full recovery for all our clients.
A reminder: before calling us, please review the following sources to see if your question has already been addressed: FAQs on this website; the instructions letter that accompanied the Declaration form; and the informational videos prepared by our firms (with links below).
March 26, 2019 – Status Update on Deadlines
Previously, we urged all of our clients to complete and return Declaration forms to us no later than March 25, 2019. If you have already done so, thank you! If you have not yet completed and returned the Declaration form to us, please do so as soon as possible. If we receive your completed Declaration form by April 1, 2019, we will be able to satisfy the deadlines in this case.
In the past few days, we have received a very large number of calls and emails related to this case. We are responding to each call and email in the order received. It may take a few days for us to work through this large volume of inquiries, but we are dedicated to handling every question from our clients in a timely manner. We greatly appreciate your patience during this process.
Please note that the answers to many questions can be found on this website (see below), or in the instructions letter that accompanied the Declaration form, or in the informational videos prepared by our firms (with links below).
We have filed an extension request with the Judge. The Judge indicated during our status conference last week that an order regarding our filing deadline would be forthcoming soon. We will take all steps necessary to provide the Judge with timely submissions for all our clients. As soon as the Judge issues a ruling on our motion for extension of time, we will post updated information on this website.
During the status conference last week, the Judge clearly indicated a strong desire to move the claim process forward as fast as possible, while also appreciating the logistical challenges associated with a case involving 28,000+ individual claims. Like the Judge, our ongoing pledge to you is to continue pushing the claims process forward as far as possible and as fast as possible. Please don’t be discouraged: we are closer than ever to obtaining the relief you deserve from the Postal Service!
March 21, 2019 – Status Update
Click here to see the latest news on the case.
March 11, 2019 – Status Update – CLAIM DECLARATION FORMS AVAILABLE NOW – COMPLETED DECLARATIONS MUST BE RETURNED VERY QUICKLY
Here are 10 things for every claimant to know RIGHT NOW:
1. We are mailing Claim Declaration forms to all of the Class Members who have retained our firms to represent them in the claims process. You should receive a form in the mail by March 18, 2019. A copy of the Declaration form is being sent by e-mail to those Class Members who have sent us an e-mail address, and a copy of the Declaration form is also available by clicking here.
2. The Declaration form contains information that the EEOC Judge has requested for each claimant. Accordingly, you need to provide us with this information NOW in order to maintain your claims for relief from the Postal Service.
3. You should complete, sign and return the Declaration form to our offices as soon as possible. At the very latest, you must complete, sign and return the form to us by March 25, 2019.
4. Detailed instructions on completing the Declaration form are available by clicking here. For most claimants, filling out the form will take less than one hour.
5. Along with your completed Declaration form, you can also provide us with: a Continuation Sheet to provide additional information; Witness Statements from those close to you who witnessed the impact of the NRP on your life and health; and other records that you would like considered along with your claim. Additional Continuation Sheets and Witness Statement forms are available by clicking here.
6. Once you return to us a signed completed Declaration form and any other documents supporting your claim, we will prepare a complete claim package (including legal argument) for submission to the EEOC Judge. We need you to return the completed, signed Declaration form to us no later than March 25, 2019, in order for us to prepare and submit your complete claim package (including legal argument) to the EEOC Judge in a timely fashion.
7. Please note: if you previously sent supporting documents to us, you do not need to re-send those documents to us. However, even if you previously sent documents and information to us, you MUST complete and sign the Declaration form and return it to us no later than March 25, 2019.
8. We will not submit claim packages for claimants who have not retained our firms to represent them in the claims process. If you have not previously retained our firms but you wish to do so at this time, please call 585-272-0540 in order to request a retainer agreement for you to sign.
9. If you have questions related to filling out the Declaration form, please call us at 585-272-0540. Before calling, please review the instructions carefully and be sure to check www.NRPclassaction.com, because the answer to your question may be answered there. There are over 25,000 class member claimants, and you may encounter a delay in getting through to us at this busy time.
10. Please do not give up on your claims for relief! You have come too far in the process to quit now. If you quit now, the Postal Service will get away with causing you harm, and justice will not be served. It is fair and right for you to seek relief for the harm caused to you by the Postal Service. Therefore, please spend an hour of your day to complete, sign and return the Declaration form to us no later than March 25, 2019.
Thank you for your prompt attention to this important task!
Videos To Help You Complete The Declaration Form
Frequently Asked Questions About Claim Declaration – March 2019
What decision are you talking about?
On February 27, 2019, the EEOC Administrative Judge issued a Case Management Order. The Order 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 then Claimants have 20 days to submit their legal brief and evidence. We are asking that everyone return the paperwork that we have mailed to you so that it arrives in our office by no later than March 25, 2019.
What happens if I have not yet retained you, but now I want to?
There is still time to retain us. We can send you out a retainer letter that must be signed and returned to our office. Please also send us a copy of the initial claim form and any supporting documents you submitted to the postal service, the dispute letter, and the Final Agency Decision. You will also need to fill out the Declaration. You can email the documents to NRPclassaction@theemploymentattorneys.com, fax them to 585-272-0574, or mail them to 693 East Avenue, Rochester, NY 14607.
I already sent you my documents, can you include them?
Yes, we will include any documents you have provided to our office. You do not need to send us documents that you already sent us. If you have any additional documents, please make sure to include them with the completed Declaration.
I already answered questions like the questions in the Declaration form; do I really have to spend more time answering these questions?
Yes. The EEOC Judge has issued a Case Management Order requiring all claimants to submit information to verify class membership and identify all categories of relief. The Declaration form is designed to help you go through all the necessary questions in an efficient manner. For most people, it will take less than one hour to complete the Declaration.
Will I receive any money? How much money will I get?
Whether you get any money and how much is determined by the EEOC’s decision on your claim. The types of relief you could be entitled to are based on your particular situation and may include lost pay and benefits, reinstatement to your job at the Postal Service, along with reinstatement of any accommodations the Postal Service withdrew as part of the NRP. You may also be able to obtain relief for harm from harassment you experienced as a consequence of the NRP. The EEOC may award you up to a maximum of $300,000 for proven harm caused by the NRP, including damages for pain, suffering and emotional distress. The EEOC will review your submission and determine what categories of relief you are eligible for, and will also decide the dollar amount for your damages award (if any). Our goal is to help you submit appropriate information in order to obtain all relief that is possible for your situation.
After I complete and sign the Declaration form, where do I mail it to?
For this submission, you must mail the completed, signed Declaration form to us by March 25, 2019. We will file your Declaration (along with additional information and legal argument) to the EEOC Judge. Our mailing address is:
Thomas & Solomon LLP
693 East Avenue
Rochester, NY 14607
Can I fax or scan it back to you?
Yes. Our email address is nrpclassaction@theemploymentattorneys.com and our fax is 585-272-0574.
Do I need to keep a copy of my Declaration?
We recommend that you keep a copy of your written Declaration and any supporting documents that you submit.
What if I miss the deadline to submit the Declaration?
Our office has filed an emergency motion for reconsideration of the EEOC Judge’s decision in order to ensure that all claimants have sufficient time to complete the paperwork. Until we know if our motion has been granted, you should proceed as though the Declaration should be returned to our office by March 25, 2019.
I recently completed an online survey for this case that asked very similar questions, and I would like to see my answers to the survey; can you help me do that?
Yes, we can email you a copy of your responses, but please be aware that the survey information came through to our office in an excel file, so the responses are not necessarily easy to follow. Nevertheless, those survey responses might help give you a starting point!
I am not sure if I was subjected to review by the NRP. What should I do?
Those reviewed under the NRP were USPS employees who had OWCP (or workers compensation, or injury compensation) claims. They likely worked at some point between May 5, 2006 and July 1, 2011 in a modified limited duty position, a rehabilitation position, or perhaps in a light duty position. If you believe that you fall in these categories, you should return a completed, signed Declaration form to us no later than March 25, 2019.
Do you have my NRP file?
Yes, the Postal Service should have provided us the NRP file for each person. We will include appropriate documents from your NRP file when we submit your Declaration and our legal argument to the EEOC Judge.
How long will it take for me to get a money award after I submit a written claim?
We cannot predict how long this process will take. We will post status updates on the claims process on this website. On the one hand, the EEOC Judge is clearly interested in prompt forward action for this case, but on the other hand the EEOC has never handled a case with this many individual claims. Our goal is to move the claims forward as fast as possible with a fair and efficient process for all claimants.
I want to make sure that you are representing me in my claim - do I need to fill out a new retainer agreement?
For most people, the answer is “no.” Most people previously filled out a claim for individual relief form that included a written designation of our law firms to represent them. Other people used a different claim form, then filled out a written retainer agreement with our office. If you did either of those two things, then there is no need to fill out another retainer agreement. If you would like to retain our firms at this time to represent you in your individual claim, please let us know immediately, and we will send you a retainer letter that must be signed by you and returned to our office.
How many witness statements should I get?
There is not a magic number for how much information should be submitted. If you think you have witnesses who can provide a supporting statement, go ahead and ask them to do so. The Declaration packet we mailed to you includes a sample Witness Statement form that can be used for this purpose.
Who should I get to complete a witness statement?
You may want to consider friends and family members who observed a change in your personality or emotional state after the NRP. For example, family members might provide statements confirming that, after you were reviewed pursuant to the NRP, they noticed that you were sad, distracted, and angry, and that this was different from how you were before. This is just an example; witnesses should include an accurate description of the changes in you that they noticed.
Can I submit additional pages with the declaration/witness statement?
Yes, feel free to use additional pages.
Can I speak with an attorney?
Yes, but before you call us please review the cover letter and all instructions in the mailing and on this website. The most important thing right now is for you to complete the Declaration to the best of your ability, as accurately as possible. Go ahead and read through the instructions we provided and do the best that you can. If you have questions that are not answered on the instructions or on this website, please call 585-272-0540.
What happens if I don’t have medical documentation?
The EEOC has repeatedly stated that it is not necessary to provide medical support in order to obtain an award of compensatory damages. However, medical information can help support your claim for damages. If you have medical information related to the harm you experienced as a result of the NRP, you should submit that medical information now if possible. The EEOC does not require any particular format for medical information; medical reports, print-outs, and medical notes may all be provided. In addition, you can use the “continuation sheet” of the Declaration to add information regarding any medical diagnosis you may have received as a result of the NRP (such as “depression” or “anxiety”), and medication prescribed as a result of the NRP.
What happens if I cannot remember or I don’t know the answers?
Just do the best that you can with any information that you know. It is important for the information in your Declaration to be accurate, but it is ok for you to provide approximate dates if necessary. It is also ok to provide a person’s position title if you don’t remember a person’s name. Again, do the best you can with the information you know. After we receive your completed, signed Declaration, we will include your NRP file, as well as any documents that you may have provided to our office in the past or with your Declaration. In the claim submission to the EEOC Judge, we will also provide a legal brief containing argument in favor of all the relief possible for you.
What happens if I need additional pages?
If you need additional continuation sheets or witness statements, you can download additional copies from the website www.nrpclassaction.com. You are also allowed to use your own paper.
This process has taken so long already – are we any closer to getting our relief?
Yes. The EEOC has conclusively determined in a Final Decision that the Postal Service discriminated against the class as a whole. Now the EEOC Judge must evaluate the individual claims to determine what relief is appropriate for each claimant. This has been a long and hard-fought battle against the Postal Service, but the end is in sight.
What is “constructive discharge”? How should I fill in that part of the claim Declaration?
The EEOC Decision in this case recognizes that many class members had no option other than retirement, separation, or resignation as a result of the NRP. The legal term for this situation is “constructive discharge.” Section 7 of the Declaration form will help you figure out if your situation is covered by “constructive discharge.” Here are three suggestions in connection with constructive discharge claims.
First, you should read over all of the statements in Section 7 of the Declaration form, to see which statements apply to you. You should mark the boxes for every statement that applies to your situation. It is possible that several of these statements may apply to you, so be sure to mark all statements that apply in your situation.
Second, you should consider providing additional information in a Continuation sheet. For example, if a manager told you that you had no other option than to retire, you should write out on a Continuation sheet a brief description of who said it to you and an approximate date, to the best you can. Or if you were told that no work would be available for you, you should use a Continuation sheet to describe how you learned that, and an approximate date. You should include in a Continuation sheet a description of why you concluded or felt that you had to retire or separate at that time.
If applicable to you, here are some possible short statements that can help explain what happened:
■ My Manager told me that I had no other option but to retire; or
■ I learned that my limited duty job was going to be taken away from me, and that there would be nothing left for me. So I understood that I had no option but to retire; or
■ I was told that I would be sent to work for Walmart; or
■ They indicated that I would lose my job and my retirement benefits, so I felt I had no option except to retire; or
■ They would not give me an assignment that fit with my medical restrictions, so I had no option but to retire; or
■ My work hours were cut down so much, and my pay was reduced so badly, I had no option but to retire.
If you are providing information on a Continuation sheet, it is a good idea to include names and approximate dates (if you are able to). The more detail you can provide regarding your forced decision to leave your job, the more information the EEOC Judge will have in order to decide your claim for constructive discharge.
Third, it is a good idea to include a Witness statement to help confirm why you concluded that you had no option other than separation, resignation or retirement. For example, a family member might be able to provide a short statement confirming what you experienced at that time, and explaining that you were forced to leave your job long before you planned on leaving.
In sum, by providing additional accurate information to the EEOC Judge regarding your experience, you can help the Judge understand your constructive discharge claim.
What should I include on a Continuation sheet about the harassment I suffered?
To help support your claim that you were harassed as part of the NRP, you should consider providing additional information in a Continuation sheet. If applicable to you, here are some possible short statements that can help explain what happened:
■ My Manager told me that I might be sent to work for Walmart or another company.
■ My co-workers made fun of me, and told me that I would end up being sent to work for Walmart.
■ My Supervisor complained about my limitations.
■ My Supervisors or co-workers called me lazy due to my restrictions.
You may want to include specific examples of statements that were made to you on your Continuation sheet. You should include specific names of people that harassed you, and approximate dates to the best you can.
How does the contingency fee work?
A contingency fee is only paid if we obtain a recovery for you. If you receive nothing as a result of your claim, you would owe us nothing. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.
Of course, as the case proceeds, we are unable to predict what the final outcome will be. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis.
March 21, 2019 – 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.
March 1, 2019 – 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.
February 27, 2019 – 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.
February 27, 2019 – 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.
February 11, 2019 – 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.
January 17, 2019 – 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 NRPclassaction@theemploymentattorneys.com 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.
December 20, 2018 – 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:
NRPclassaction@theemploymentattorneys.com
December 17, 2018 – 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.
October 8, 2018 – 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.
August 31, 2018 – Status Update
Appeal brief has been filed.
August 1, 2018 – Status Update
Appeal pending. See below for more information.
July 18, 2018 – Status Update – Notice of Appeal Filed
Click here for a copy of the notice of appeal filed on July 12, 2018.
June 27, 2018 – Status Update – Final Agency Decisions Issued Prematurely by USPS
We have learned that the Postal Service has begun issuing Final Agency Decisions (FADs) on individual claims, summarily rejecting all relief. We believe that this action by the Postal Service is improper.
EEOC guidance sets forth an orderly process for the Administrative Judge to review and adjudicate disputed individual claims after class-wide discrimination has been found. (See EEOC Management Directive 110,Chapter 8, Section XII.C.) The Postal Service is disrupting the process by issuing premature FADs. We have filed an Emergency Petition for Enforcement with the EEOC, seeking an order directing the Postal Service to withdraw premature FADs, thus clearing the way for the Administrative Judge to review relief claims and develop the record as appropriate.
We hope the EEOC will act quickly to restore order to this process. Nevertheless, we are prepared to file an appeal from the FADs by July 12, 2018. This date (July 12, 2018) is well before the 30-day deadline for filing an appeal from the earliest FAD that we know about.
What you need to do: The Postal Service HAS NOT sent copies of the FADs to us. If you receive a Final Agency Decision related to the McConnell/NRP class complaint, please provide our office with a copy as soon as possible. We recommend emailing FADs to us at NRPclassaction@theemploymentattorneys.com or faxing us at (585) 272-0574.
Do you need to file an individual appeal from the FAD? It depends. The EEOC previously approved us as Class Counsel in this case, and we will continue to advocate on behalf of the class as a whole. But we expect the Postal Service to argue that we cannot file an appeal for class members unless they have retained us in writing on an individual basis which is why we have given that option to class members to retain us individually to prevent the Postal Service from even making that argument for anyone who does so. Accordingly, it is a good idea to proceed cautiously.
If you have previously retained Class Counsel to represent you in your individual claim, we will specifically name you in our appeal from the FADs, and you do not need to submit a separate FAD appeal notice to the EEOC.
On the other hand, if you have not yet retained Class Counsel to represent you in your individual claim, we will not include your name in our appeal from the FADs, and it will be necessary (in an abundance of caution) for you to file your own separate appeal notice to the EEOC before the deadline set forth in the FAD you receive.
There is still time for you to retain Class Counsel to represent you in your individual claim for purposes of appealing from the FADs, and in connection with future proceedings before the Administrative Judge (including developing the record as appropriate). If you now would like to retain Class Counsel on an individual basis in an abundance of caution, please contact us at NRPclassaction@theemploymentattorneys.com 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.
June 19, 2018 – Status Update
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 NRPclassaction@theemploymentattorneys.com 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 NRPclassaction@theemploymentattorneys.com 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.
June 6, 2018 – Status Update
We understand that some class members who submitted claims for individual relief have received response letters 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 NRPclassaction@theemploymentattorneys.com or faxing us at 585-272-0574. We will be in touch in the coming weeks if we need anything additional from you.
Frequently Asked Questions - McConnell Claim Process
If you have questions about the NRP class action claims process, please review this FAQ section. If your questions are not answered here, please call us: (585) 272-0540 or toll free at (877) 272-4066. Our team is standing by!
Why should I submit a claim?
The only way for an individual class member to receive any monetary recovery is to submit a timely claim package. We believe the Postal Service must be held accountable for the consequences of its discrimination. Otherwise, the Postal Service and other employers will continue to discriminate against workers with disabilities. Our suggested claim form is easy to complete. Show the Postal Service that discrimination has consequences – please submit a timely claim!
Is this a settlement?
No, there has been no settlement of this case. We fought this case all the way to a final decision, and the EEOC judge and appeals office found that the NRP was discriminatory. All those who were harmed by the NRP discrimination should submit a timely written claim.
What happens if a class member has passed away?
The class member’s estate (or surviving relative) can submit a claim form on behalf of the class member. It is important to state the name of the deceased class member, and the contact information for the estate (or surviving relative).
Why is there a 30% contingency fee on the recovery I get?
Because this is not a settlement, we are agreeing to represent each individual class member who retains us through the individual EEOC claims process. The 30% contingency fee therefore covers the additional work we will perform on your behalf to help you get any money and other relief you may be entitled to receive as a class member. That work includes representing you in your individual claim through the entire EEOC claims process. To the best of our knowledge, the Postal Service has disputed every individual’s claim for relief. If the Postal Service disputes your claim in any way, we will represent you in proceedings throughout the process. We will represent you before an EEOC administrative judge. We will conduct discovery and an investigation into your claim, based on the information we already have about the case and in seeking new information and records related to your claim. The judge may wish for a live hearing to determine the proper award for your claim. If you are unsatisfied with the Postal Service's final decision on your claim, which would come after the EEOC judge makes a determination, we would represent you in an appeal of that decision to the EEOC in Washington.
How does the contingency fee work?
A contingency fee is only paid if we obtain a recovery for you. If you receive nothing as a result of your claim, you would owe us nothing. If we do get a recovery for you, from the final award that you receive in this case, we would be entitled to 30% of the gross, pre-tax total. You could authorize the Postal Service to pay the 30% contingency fee directly to us, and that way it would be clear for tax purposes that you did not receive that additional amount as part of your final money award. If the EEOC orders the Postal Service to pay attorney fees related to your claim, those fees would come directly to us and not relate in any way to the 30% contingency fee payment.
Of course, as the case proceeds, we are unable to predict what the final outcome will be. However, in the event the case settles at some point in the future, we would seek to have the Postal Service pay all of the fees in this case so that the class members do not have to pay those fees from their individual recoveries. At the present time, though, because there is no settlement, we are prepared to represent you on an individual basis to make your claim for recovery with a fee agreement on that basis.
Do I need to report any money I receive for tax purposes?
Unfortunately, we are not tax attorneys, so we suggest you contact your financial advisor.
Will this impact my disability or social security claims?
Merely submitting the claim form does not endanger your disability or social security claims. You can always reject any offer that is made to you by the Postal Service in the future.
If I receive money from this case, will I have to reimburse OWCP?
It is likely that the Postal Service will take into account your OWCP payments when calculating any backpay that is owed to you. Therefore, to the best of our understanding, it is very unlikely that USPS will pay you any money that must then be paid by you to OWCP. If you wish, you can specifically request that USPS take into account your payments from OWCP when calculating any backpay that is owed to you.
If I agree for you to represent me, will you take a 30% fee on money that I must pay back to the United States due to alleged overpayment to me by OWCP or OPM or Social Security?
No. Our 30% fee will not be applied to any part of your recovery that you are required to pay back to the United States due to alleged overpayment to you by OWCP or OPM or Social Security.
Will I have to pay both law firms a 30% contingency fee (for a total of 60%)?
No. If you retain us, your total contingency fee payment will be 30%. The two law firms that serve as Class Counsel will work together to represent you, and your 30% contingency fee will cover all contingency fee payments to the law firms.
If I am awarded something for my claim that I do not choose to accept, do I still owe a 30% contingency fee on the value of the relief that I turn down?
No, your 30% contingency fee is only on the value of relief that you receive. If you retain us and you turn down some relief that is offered as part of your claim, you would pay no contingency fee related to that rejected relief. However, before you turn down any relief, you should speak with Class Counsel to explore your options. There may be better options that would work in your benefit.
If my claim is simply accepted by the Postal Service, would I still owe a 30% contingency fee?
Yes, if you retain us, you will owe a 30% contingency fee on the value of your recovery. Even if the Postal Service dramatically changes its tactics by accepting the entirety of your claim, there may still remain complicated issues, such as the proper value of any back pay or interest due to you. If you retain us, Class Counsel will review that information to ensure that you are provided all the relief you are due, and file an appeal if necessary in order to achieve that result.