Do I need to take any action to become a class member?
No. If you meet the terms of the class definition, you are a class member. 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.
You should fill out the NRP Class Action Questionnaire to provide Class Counsel with additional details about your situation.
Who is included in the class?
Every USPS employee who meets the class definition is included in the class. All positions, crafts, and stations are included.
Are light duty employees included in the class?
If a light duty employee is subjected to the NRP, that employee is included in the class. However, the NRP is primarily used to review injured-on-duty employees.
How can I reach the attorneys representing the class?
You can reach Class Counsel by filling out the NRP Class Action Questionnaire. In the Questionnaire, there is a section provided for questions to Class Counsel.
What are the legal claims involved?
The class action includes the following claims under the Rehabilitation Act:
- The NRP fails to provide class members with reasonable accommodations
- The NRP wrongfully discloses the medical information of class members
- The NRP creates a hostile workplace environment for class members
- The NRP has an adverse impact on class members.
What about Race, Sex, or Age Discrimination?
The class action relates only to disability discrimination complaints. If you believe that you were discriminated against when you were subjected to the NRP on the basis of your race, national origin, sex, religion, or age, you should contact an EEO Counselor at the USPS within 45 days of the NRP review to initiate an individual discrimination complaint.
What about Retaliation?
Federal law prohibits discrimination, retaliation, threats, interference, intimidation, and/or coercion against individuals who participate, testify, assist, and/or are involved in the presentation or processing of this class complaint. If you believe that you have been retaliated against because of your participation in this class action, you must contact an EEO Counselor at the USPS within 45 days to file an individual reprisal complaint.
Should I save or send in documents about me?
You should maintain all of the records related to your review under the NRP. You can send a copy of these documents to Class Counsel at the following address:
McConnell Class Counsel
693 East Avenue
Rochester, NY 14607
Please be sure to only send COPIES to Class Counsel, and hold on to the original documents. Class Counsel may not be able to return these documents to you.
How long will the class action take?
It is impossible to predict how long the class action will take to reach trial or resolve. Many class actions take several years to complete the discovery process and reach the trial date. Class Counsel are working diligently to move this case forward as quickly as possible.
What are the goals of this class action?
The goals of the class action are to stop the NRP from harming USPS workers, force the USPS to follow the law, and compensate those USPS workers harmed by the NRP.
What can I win?
There is no guarantee that the class action will be successful or that any class member will receive any relief from the class action. It is also impossible to predict what relief, if any, will be made available to class members if the case resolves. If the case is resolved with the opportunity for class members to receive any relief, a notice will be sent to all class members informing them about the claims process.
If I retired from the USPS, can I still be a class member in this case?
Yes. If you were ever subjected to the NRP before your retirement, you may be a class member.
I never received a notice regarding this case. Can I still be a class member?
Yes. If you meet the terms of the class definition, you are a class member. 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.
Where can I find updates on the case?
Status updates will be periodically provided here
Does this class action cover my OWCP workers' compensation claims?
No. This class action relates to claims of disability discrimination. Any OWCP or FECA claims must be pursued separately from this class action. Class Counsel do not regularly handle OWCP claims, and Class Counsel does not represent you with respect to your OWCP or FECA claims. For more information, you may visit the OWCP website.
What about my grievance and/or MSPB appeal related to the NRP?
Grievances and MSPB appeals must be pursued separately from this class action. Class Counsel do not represent you with respect to your grievance or MSPB appeal.
Can I "opt out" of the class action?
No. The EEOC’s regulations provide that any person who is covered by the class definition is a class member. However, you do not have to participate in the class action, and you do not have to make a claim for relief (in the event that relief becomes available to class members).