Background

NRP Class Action: Representing Workers Affected by the USPS National Reassessment Process

McConnell v. U.S. Postal Service, EEOC Case No. 520-2008-00053X

The National Reassessment Process (NRP) is a USPS program that reviews all injured-on-duty employees serving in limited duty and/or rehabilitation positions. The NRP has been rolled out in most USPS districts across the nation.

In 2006, Sandra McConnell was reviewed under the NRP in the USPS Western New York District. Ms. McConnell had been working in a rehabilitation modified carrier position for over eight years. However, after the NRP review, Ms. McConnell was stripped of her modified position and ordered to go home with "no work available."

Ms. McConnell filed a class action discrimination complaint under the Rehabilitation Act on behalf of all USPS workers affected by the NRP. The disability discrimination class action was certified by the EEOC Administrative Judge in 2008. After the USPS appealed that decision, the EEOC again granted certification of the class action in 2010. To view the class certification
notice click here.

See copy of EEOC OFO decision granting class certification.

You are already a member of the McConnell class if: You are or were a permanent rehabilitation or limited duty employee of the Postal Service who was subjected to the NRP from May 5, 2006 through July 1, 2011.

If you meet the criteria to be a member of the class, you are not required to do anything at this time in order to remain a part of the class.

What You Should Do

If you are affected by the NRP, you should do the following:

  • With respect to the claims covered in the class definition, you do not need to do anything now to preserve your right to make a claim later. If you have any claims that may not be covered by the class definition, these claims must be processed by you with an EEO Counselor within 45 days of the action complained of.

Current Status of the Case

EEOC Decision Issued In Response To Postal Service’s Appeal

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

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

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

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

Check for updates on the case status here.

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