Important Information Concerning the Pittman (Walker) Settlement

It has come to our attention that settlement documents have recently been mailed out in the Pittman (formerly Walker) matter. Please be aware that all McConnell class claims are separate and independent of any claims involved in the Pittman case. It is possible for a person to be a class member in both the Pittman and McConnell cases. We encourage all Pittman class members to seek all relief to which they may be entitled in the Pittman settlement.

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

Fill Out the NRP Class Action Questionnaire

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:

  • Fill out the NRP Class Action Questionnaire by clicking here
  • 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

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

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

Check for updates on the case status here.

Fill out the NRP Class Action Questionnaire

* 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)