US Postal Service censured for forcing out disabled staff
Officials at the US Postal Service (USPS) deliberately fostered a hostile working environment as the agency tried to force out tens of thousands of staff injured on the job, the US Equal Employment Opportunity Commission (EEOC) has said in a final ruling – and these employees may now be entitled to compensation.
The EEOC found that USPS withdrew reasonable accommodations for injured-on-duty (IOD) employees, subjected them to disability-based harassment, and allowed unauthorized people to access employees’ confidential medical records.
The agency’s health and human resources manager and Workers Compensation Office director ran an initiative, the National Reassessment Program (NRP), ostensibly designed to cut costs by eliminating non-productive ‘make work’ – jobs with no value to the organisation. But NRP’s real purpose was to move employees with IOD status back to full duty in their previous jobs or out of the business and onto federal disability benefits, the EEOC said.
Hidden purposes
The officials’ intent was laid bare by “extensive email trails” about goals to reduce IOD rolls by the tens of thousands, the EEOC said.
“As a policy, the NRP was an instrument that effectively deprived thousands of people of their livelihoods because of the need to work in modified positions,” the commission said in its ruling.
The EEOC ruled that any employees evaluated under the NRP during the period 5 May 2006 to 1 July 2011 may put in a claim for damages. The American Postal Workers Union estimates that may total more than 130,000 people.
Casual discrimination
Discrimination and hostility permeated the agency, the ruling found. The health and human resources manager reported in one early email exchange that 338 employees had left, exceeding agency goals. The postmaster general replied: “338 it is and welcome to Walmart” – referring to an employer many staff saw as less desirable.
Comments from employees in a PowerPoint presentation included “good riddance”, “look for some miracle recoveries”, “see you bums at Walmart”, and “have people sitting around the office doing minor jobs; makes you want to puke.”
Lessons for others
Jeremy Wright, a partner at Kator, Parks, Weiser & Harris, one of the firms that represented workers in the case, told Global Government Forum: “I think EEOC was very motivated by this overall culture that did not seem to respect the contributions disabled workers can bring to an organisation.”
Wright noted that other agencies have been shying away from NRP-type programmes, even before the EEOC decision became final. “This particular programme run at the Postal Service was, as far as we understand, the first of its kind in a big, broad, organised fashion,” he said. “We became aware that other agencies were looking at it as a model to work from.”
“But our lawsuit, even before we won the case, stemmed that tide, and we haven’t seen implementation of any other big broad programme like this at any other federal agency,” Wright said.
A USPS spokesman declined to comment on the decision, citing the ongoing compensation process.
Misled approach
Although NRP ostensibly targeted ‘make work’, many of the IOD employees’ tasks turned out to be essential for timely mail delivery and processing, EEOC said.
“Other employees had to step in and take over, which left many facilities short-staffed,” the commission said. “In turn, this led to slow-downs and bottlenecks in delivery operations.”
The programme did not even save costs, EEOC said. Between the 2007 and 2011 financial years, workers compensation costs increased from US$880m to US$3.7bn.
A long wait for the cheque in the post
The ruling comes as the White House puts increasing pressure on USPS over its finances. Earlier this month, president Donald Trump established a task force to evaluate the agency’s finances and operations.
The U.S. Government Accountability Office lists USPS’s financial viability on its “high-risk” list. In the 2016 financial year the agency reported a net loss of US$5.6bn. A 2006 law requires USPS to prefund health benefits for current and future retirees, at an annual cost of $5.4 billion to $5.8 billion over the last decade, according to GAO.
About Tamar Wilner
Tamar Wilner is a Dallas-based journalist and researcher who writes about public policy and the media. She's written extensively on energy, the environment, urban planning and small business for trade publications in the US and UK, and contributes regularly to the Columbia Journalism Review. Find her at @tamarwilner.
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The EEOC ruled that any employees evaluated under the NRP during the period 5 May 2006 to 1 July 2011 may put in a claim for damages. The American Postal Workers Union estimates that may total more than 130,000 people. That will cost the taxpayer.
Wow, that is like 1/6 of the workforce!
it will not come from taxpayers .
they are still doing that to people now it takes more than two years to get your EEOC claim because we have to go to the federal and they have two years to treat you like crap and eventually fire you
I put in For a reasonable accommodation filed and I’m tired as of next Wednesday
Since the postal circus doesn’t operate via tax dollars, how will this “cost the taxpayer” ?
Cost the tax payers??? The USPS is NOT funded in any way by the tax payers.
130,000 doesn’t sound correct. Can someone quantify that estimate? Aren’t there less than 200,000 APWU total?
How is it going to cost taxpayers? Educate yourself before you talk about something which you know NOTHING about.
The USPS doesn’t get ONE PENNY from taxpayers.
So, please explain how it is going to cost taxpayers.
BTW…I hope you don’t work for the Postal Service. If you do, then it is a sign of even more ignorance.
Also, if you do, maybe you are one of those hateful employees who is partly responsible for this ruling because you mindlessly allowed the USPS to use you as a Zombie Sheep to attack your fellow workers who were disabled.
No. Incorrect. This will not cost the taxpayers a dime. Also, most people do not realize that you do not pay Postal worker’s salaries from taxes. Revenues pay salaries.
Not to worry. As usual, no one in postal mgmt. will be held accountable. Just like the last time they did this.
usps mgmt. is & has always bee anti labor force. it is very top heavy on mgmt./micro mgmt. mgrs. standing “around” gawking, scrutinizing, blatantly
staring @ workers from behind, scrutinizing every single thing we do, to “catch” us & issue discipline for even the most minor mistake. it is brutally hostile to employees in craft positions.
mgmt is always openly hostile to crafts employees.
Not taxpayer money; reduced to ten to twenty thousand claimants, many misconceptions…..
Management is rude and unprofessional to everyone, even customers. If it doesn’t cut the hours it is of no concern. Management (I use that word because their real description is unspeakable )Postmaster in Greensboro refused to make pickup at Honda Jet cost hundreds of thousands. I begged for him to allow collector to make pickups,refused. Line supervisors hungup on customers or just didn’t answer phone. Nepotism in Greensboro district is rampant. Regulations supposed to prevent what a joke. The Union has become so embroiled in their own drama the average workers are left unprotected. In the unions defense the support from the employees has diminished so much over the years it is not even measurable. I myself became disillusioned with the NALC. I used the EEO process which gave me the opportunity to resolve my issues. It was hard and lengthy but I prevailed, but management was not deterd in their actions. The NRP was just another project to undermine postal employees. The claim request where sent out no postmark or date on request, how can you return something you didn’t get until May 2018 in April 2018?
I worked as a Casual and daily suffered abuse with harassment, intimidation, and severe open management hostility. Bullying of me was so encouraged that one of management’s favorites threatened me in the manager’s presence, and he laughed heartily. This is the postal environment in which I worked:
http://lawgrace.org/wp-content/uploads/2018/08/Facebook-excerpts-_Postal-Service-Brandon-Batiste-Lafayette-manager.pdf
usps mgmt is openly hostile to “older” clerks/carriers also. they imperceptibly “slow down” w/age. don’t “hustle” like they did when younger, mgmt always wants us to blow off our 10 min. breaks & sometimes wants us to use our two 10 min. brks for our 30. min. lunch. relinquishing our 30 min. lunch- essentially giving back our non paid lunch time to the mgmt. they are insidiously evil.
I became disabled while working for the Postal Service . I was a hard working farm girl all my life and now I am unable to even vac. the rugs in my home . I have been with this lawsuit for several years , as I get older the more I am in need of the money I had expected to retire with when I became 68 . What is taking the lawsuit so long . I would hope to get a reply and better yet a large sum of money for the wrong the postal service did me .
Wow! Everyone, I have been injured for 25 years and they stole my whole life from me. I lost my home, 3 cars, my crediability twice, been homeless 4 times. all while on OWCP because they send me to second opinion doctor who lie and say nothing is wrong with me and I can go back to my date of injury job. I have to file appeals win every time but loss so much during the waiting time, and they are still trying to destroy what is left. I have no thrift saving, no retirement, and very little SS, all because they OWCP take nothing out to cover those things. I am 65 and still have to worry bout what second opinion doctor will lie next! So I truly understand all…I am not the only one; all my prayers are with you all! They will not get away with it this time!!!