Current Developments

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.

Update – February 2022 – 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.

Update – 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.

Update – 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.

Update – 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!

Update – 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.”

Update – 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!

Update – 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.

Update – 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.

Update – 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 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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.

Update – 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!

Update – 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.

Update – 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.

Update – 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).

Update – 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!

Update – 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.

Update – 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!

Update – 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.

Update – February 27, 2019

Status Update - 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.

Update – 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.

Update – 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.

Update – 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.

Update – August 31, 2018

Status Update

Appeal brief has been filed.

Update – August 1, 2018

Status Update

Appeal pending. See below for more information.

Update – July 18, 2018

Status Update – Notice of Appeal Filed

Click here for a copy of the notice of appeal filed on July 12, 2018.

Update – June 27, 2018

Current Status of the Case - 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.

Update – 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.

Update - 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.

Update – October 2017

EEOC Decision Issued In Response To Postal Service’s Appeal

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

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

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

Update – December 2015

Initial Decision Finds NRP Discriminated Against Class

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

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

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

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

Update – May 2015

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

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

Update – November 2014

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

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

Update – May 2014

The parties are now completing the discovery process that has been ongoing in this matter. During the discovery process, both sides have been exchanging relevant information to move the case forward. This phase of litigation is often extensive, especially for a class action of this size. It requires the parties to gather and digest large amounts of information and documents relevant to the claims in this case.

As the next step in this legal process, in the coming months the parties anticipate filing various motions with the Administrative Judge before a hearing is scheduled. We do not know how long this process will take or what timeline the judge has in mind for this phase of the case. We appreciate your patience and cooperation as we continue on in this legal process.

Update – March 2013

EEOC REJECTS USPS ATTEMPT TO BREAK APART THE MCCONNELL CLASS

The EEOC has rejected an attempt by USPS attorneys to break apart the McConnell class. In July 2012, USPS attorneys filed a motion to redefine the class, and force certain McConnell class members to bring their claims before the Merit Systems Protection Board (“MSPB”). The Administrative Judge recently denied the USPS’s motion in its entirety. The Administrative Judge held that because the McConnell complaint focused on the NRP, which resulted in some reductions and eliminations of rehabilitation and limited duty positions, the claims belonged in the certified EEOC class action. The Administrative Judge noted that the USPS request would have resulted in undue delay in justice and unnecessary procedural complications. After the Administrative Judge’s ruling, USPS attorneys sought to appeal the ruling to the EEOC Office of Federal Operations. The EEOC recently denied the USPS appeal.

Our legal team continues to pursue the class members claims against the Postal Service and is currently engaging in the discovery process. As part of this process, our legal team is reviewing and exchanging documents as well as conducting depositions. This process is time consuming but necessary to vindicate class members rights. Given the importance of the issue at stake, the discovery process is quite extensive and time consuming. Though it may appear that there are periods of time where nothing is happening, our legal team continues to work diligently and is always available to answer any questions you may have about the case. We will continue to update this website with the current status of the case and encourage you to check back.

Update – February 2010

Recently, the United States Equal Employment Opportunity Commission held that all permanent rehabilitation employees
and limited duty employees at the agency who have been subjected to the NRP from May 5, 2006, to the present are included
in the class.

You can read the decision here.

You can review the class certification notice here.

If you believe you fall within the class, please fill in the questionnaire.

As the case moves forward, additional developments will be posted on this page.

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