usps eeoc settlements 2020 usps eeoc settlements 2020

2019002318 (Apr. Joshua F. v. Dep't of Veterans Affairs, EEOC Appeal No. The class action suit is currently open and continues to process claims from approximately 28,000 victimized postal workers. If you agree to settle a complaint based on one or more stipulations, these must be written down, agreed on, and signed both by you and a management designee. Interest on back pay is not available in federal-sector complaints under the ADEA. In recent decades, the USPS has faced enormous funding cuts. Alonzo N. v. United States Postal Service, EEOC Appeal No. 0120180641 (Aug. 6, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/0120180641.pdf. Phyllis F. v. Dep't of Homeland Security, EEOC Appeal No. Lara G. v. United States Postal Service, EEOC Request No. Wes S. v. Dep't of Veterans Affairs, EEOC Appeal No. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 1614.108(f) giving the individual the right to elect between a hearing before an EEOC Administrative Judge and an immediate final decision. Unfortunately, some of our clients in this case have passed away. usps eeoc settlements 2020. boca beacon obituaries. The complainant, a federal employee at the United States Postal Service, filed an EEO complaint against the USPS. On December 8, 2017, Arbitrator Shyam Das found that the Postal Service was in violation of the parties Article 1.6.B Global Settlement Remedy (This article first appeared in the July/August 2021 issue of the American Postal Worker magazine) The EEOC has tremendous flexibility when deciding whether to sue an employer or accept an employer's offer to settle. Within the Office of Workers' Compensation Programs (OWCP), the Division of Federal Employees' Compensation (DFEC) is responsible for processing claims filed by Postal Service employees. Kirk J. Angel is an employment attorney representing federal employees. 131 M Street, NE 0120180570, 0120181692, and 2019002121 (Sept. 4, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180570.pdf. Agency engaged in per se reprisal when, at the direction of the attorney representing the Agency in Complainants prior EEO complaint, it sent him correspondence requesting the name of his treating physician, asked him to sign a medical release, and proposed conducting a fitness-for-duty examination; the attorney instigated the actions based on statements that Complainant made in the prior EEO proceeding. Following is a summary prepared by the EEOC on its policies regarding compensatory damages that can be . The Agency discriminated against Complainant based on his disability when it failed to provide him with a reasonable accommodation in a timely manner and when it delayed his promotion. 0120132211 (Apr. The USPS increased its productivity each year from 20002007 mainly through automation, route optimization and through facility consolidation. The EEOC in making its award of $165,000 in compensatory damages noted that Padilla had asserted that he had both emotional and physical suffering since his termination, lost custody of his daughter, hasnt been able to see his daughter since his former wife and daughter relocated, lost friendships, has slept in his car and frequently didnt have any food. 26, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/2019002318.pdf. In January 2016, the Postal Service paid $40.2 million to employees; however, it subsequently notified the APWU of errors in these initial payments. 12, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2019005682.pdf. Lamar M. v. U.S. 2019002760 (Aug. 18, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019002760.pdf. The Commission had previously found discrimination in EEOC Appeal No. Agency failed to take prompt and effective action to address Complainant's claim of sexual harassment; a supervisor's fear of retaliation by his or her superior is an insufficient argument for failing to take action as a supervisor. Reita M. v. Agency for International Development, EEOC Appeal No. 2020002285 (Apr. 0120122672 (Feb. 24, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120122672.txt. 2020002362 (Oct. 1, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002362.pdf. USPS Settlement An EEOC Administrative Judge has approved a settlement in the Pittman v. USPS Class Complaint in which the complaint alleged discrimination based on disability against a class of employees in permanent rehabilitation positions, on a nation-wide basis. Cox will be seeking the right to file suit regarding this last EEO complaint and at such time will amend her lawsuit. Allegations of retaliation by IRS Examiner and Taxpayer Advocate properly dismissed for failure to state a claim where actions at issue occurred to Complainant as a taxpayer, not as a former employee, and allegations constituted a collateral attack on the tax adjudication process. An official website of the United States government. Moreover, some EEO complaints dated back as far as 2001. 0120171406 (Mar. For questions or concerns please contact our offices: Thomas & Solomon LLP - [About the Firm] 693 East Avenue Rochester, NY 14607 (877) 272-4066 (telephone M-F 8:30AM-5:30PM EST) (585) 272-0574 (facsimile) Postal Service warns vaccine rules could affect deliveries, OSHA Vaccine Rule Applies to USPS Employees. Sonia B. v. Tennessee Valley Authority, EEOC Appeal No. Alonzo N. v. Dep't of Homeland Security, EEOC Appeal No. Amina W. v. Dep't of the Treasury, EEOC Appeal Nos. USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. 1-800-669-6820 (TTY) but I was working at a Post office in the same county in 2015. Postal Service, EEOC Appeal No. A .gov website belongs to an official government organization in the United States. Supervisor's instruction that Complainant and her subordinates not speak Tagalog when discussing work topics was an English-only rule that was not justified by business necessity because there was no evidence that the rule was necessary for the safe or efficient operation of the Agency. The Agency discriminated against Complainant based on sex when, shortly after she informed her supervisor of her pregnancy, he began to scrutinize her activities while she teleworked and to make cumbersome requests. Complainant awarded $75,000 in non-pecuniary compensatory damages where nearly two years of sexual harassment caused embarrassment and humiliation, triggered daily headaches and weekly migraines, and resulted in a diagnosis of anxiety. Pamula W. v. Dep't of Veterans Affairs, EEOC Appeal No. The USPS now employs around 630,000 workers compared to 900,000 in 1999. ) or https:// means youve safely connected to the .gov website. Of the 3,014 completed investigations, 99.2% were timely. 19), the U.S. The complainants own testimony, along with the circumstances of a particular case, can suffice to sustain his burden in this regard. Antony Z. v. Dep't of the Army, EEOC Request No. Sheila D. v. Dep't of Veterans Affairs, EEOC Petition No. This was met with backlash from the public, and the following year it announced it would instead keep rural post offices open with reduced retail hours, cutting back on labor costs and limiting essential services provided to the millions of people. As part of the federal-sector investigative process, an investigator must obtain information about vacancies from an agency and should give a complainant the opportunity to explain whether she or he can perform the essential functions of the vacant positions with or without reasonable accommodation. 4~I1i.#3S*S6SS2+V18gtdm$0^FA !HS4$0I@T1 6 Employee lawsuits are expensive. 24, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162040.txt. 2, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120172604.pdf. First, please know that we will continue fighting to get you the best possible award. According to the US Labor Department, postal workers accounted for only one-fifth of all federal employees in 2019, yet were disproportionately injured on the job, experiencing half of all workplace illness and injuries among federal employees. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170604.pdf. There is no way currently for us to get you back in your position until the EEOC Administrative Judge issues an order. Pamela W. v. Court Services and Offender Supervision Agency, EEOC Appeal No. USPS agreed to pay a total of $5,631,795 plus other benefits for 598 complaint closures through settlement agreements, final agency decisions, and final agency orders fully implementing AJ decisions. According to the Agency Financial Report for FY 2020, the EEOC successfully resolved 6,272 of the 9,036 mediations conducted. %%EOF info@eeoc.gov 2020001428 (Aug. 13, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020001428.pdf. Buck S. v. United States Postal Service, EEOC Appeal No. Each of these methods is confidential, avoids an admission of liability and is enforceable in court. An official website of the United States government. 520-2008-00053X; Agency Case No. Just 47% of initial appeals before the Merit Systems Protection Boardthe quasi-judicial agency tasked with ensuring agencies follow civil service laws in their disciplinary actions and other . USPS Worker Arrested - Retaliation Goes Too Far. The U.S. Agency discriminated against Complainant based on sex when it gave her a light-duty assignment that changed her starting time but allowed four male comparators who performed light-duty work to retain their normal starting times; Complainant and the comparators were substantially similar in all relevant aspects: they were Mail Handlers who worked on the same tour at the same facility and reported to the same supervisor. Administrative Judge should not have sanctioned Agency for holding a fact-finding conference where legal counsel for Agency and Complainant were allowed to ask follow-up questions after EEO Investigator questioned witnesses; EEO MD-110 language permitting an EEO Investigator to be a "presiding official at a fact-finding conference" anticipates that parties may ask questions, and the fact-finding conference transcript showed that Agency counsel did not direct, control, interfere with, or overrule the investigator. 0120171750 (Feb. 28, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171750.pdf. 2019005957 (Apr. Where Agency failed to provide evidence of its compliance with Commission's orders, and its refusal to report on its compliance appeared to be part of an ongoing pattern of similar failures, Agency was ordered to provide an analysis of its Fiscal Year 2018-2019 reporting on compliance with EEOC orders and a detailed action plan setting forth how the problems identified in its analysis will be corrected. 0120181502 (Sept. 17, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120181502.pdf. Sherrie M. v. U.S. This policy reaffirms the Postal Service's commitment to providing a work environment free of harassment and supersedes MOP HR-06-29-2020-2. Agency discriminated against Complainant on the basis of national origin when her supervisor prohibited her from interacting with a contractor on the ground that she had a language barrier with the contractor; Agency did not identify any specific communications that the contractor could not understand or any specific problems with Complainant's language skills, and there was no evidence that anyone could not understand Complainant. Of the agencies completing 25 or more investigations, the Tennessee Valley Authority had the lowest average of 100 days. Sol W. v. Dep't of Defense, EEOC Appeal No. USPS employee wins discrimination and harassment claim with the EEOC. At the conclusion of the EEO investigation, plaintiff requested a hearing with an Administrative Judge. Agency violated the Rehabilitation Act when, after Complainant's physician provided a medical report stating that Complainant's borderline Type II Diabetes Mellitus did not require medication and did not impair his ability to do his job as a Court Security Officer, Agency requested at least 11 additional types of medical information and examinations; a mere diagnosis of Diabetes Mellitus does not automatically mean that an agency has a job-related, business-necessity-based reason for subjecting CSOs to disability-related inquiries and medical examinations. 2019002523 (July 7, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_11/2019002523.pdf. o o O o O o o O o o O N CD o o o o o o o o o o o > cra 0 o CD < O o o o . No. Dismissal of hearing request not warranted where any problems concerning the adequacy of Complainant's discovery responses could have been cured well before the discovery period ended, failure to issue a show-cause order deprived Complainant of the opportunity to respond to Agency's motions for sanctions, and Commission could not independently assess adequacy of Complainant's responses to Agency's discovery requests because the requests and responses were missing from the record. 0120170064 (Feb. 8, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170064.pdf. Ross R. v. Dept of Homeland Security, EEOC Appeal No. 20, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171870.pdf. 0120171405 (Mar. 0520130618 (June 9, 2017) citing thEEOC V. AIC Security Investigations, Inc. 55 F.3d 1276 at 1286 (7 Cir. Lauralee C. v. Dep't of Homeland Security, EEOC Appeal No. In order to have met the federal 2% participation rate goal, 14,158 IWTD were needed. Alesia P. v. Dep't of Justice, EEOC Appeal No. 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. An average out of court settlement is about $40,000. We notified the Judge about this, and argued that this is yet another reason to move this process toward a quick resolution. Due to the increasing use of email and the internet for correspondence and document delivery, the volume of first-class mail processed by the USPS declined by 43 percent in 2017 from its peak in 2001. 2020002203, 2020002190, 2020002216, 2020002197 (Jan. 28, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_16/2020002203.pdf. 2020001035 (May 20, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001035.pdf. You benefit from having control of the process, since you authorize access to your information. 0120160256 (Apr. Each state has different laws governing this issue, and we recommend that you consult with someone in your area about planning your estate. The manager informed the 9-1-1 dispatchers that Mr. Purviance was a disgruntled worker and that they suspected him of filing a . Carroll R. v. Dep't of the Navy, EEOC Appeal No. The parties ultimately agreed on a $49.9 million settlement for these violations and the first round of payments was accomplished beginning in June of 2020. Thomas Purviance had been employed by the U.S. in St. Louis for over three decades at the time that he was called names and mistreated by one of his USPS managers. Share sensitive workers that this case involved. Sherrill S. v. Dep't of the Air Force, EEOC Petition No. The same year, several media outlets began to speculate that the USPS was going out of business. Agency, which provided no explanation for the more-than-one-year delay in its issuance of the final decision, was ordered to post a notice at its Complaint Adjudication Office regarding its failure to comply with the Commission's regulatory timeframes and orders and to provide training to its EEO personnel. The Agency subjected Complainant to per se reprisal when a manager made statements during a staff meeting that were intended to discourage employees from engaging in protected EEO activity. The EEOC recognizes this crisis affects all federal employees, complainants, and others involved in the EEO process. To help the public identify those decisions, the Commission has decided to assign randomly generated first names and initials, along with a brief summary of the decisions, to the cases. American Postal Workers Union, AFL-CIO The Agency discriminated against Complainant on the basis of disability (perceived color perception deficiency) when it rescinded a tentative offer of employment for a motor vehicle operator position; the Agency did not perform an individualized assessment of whether Complainant could perform the essential functions of the position without posing a direct threat to himself or others. 0120173008 (Feb. 27, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120173008.pdf. The Equal Employment Opportunity Commission (EEOC) offers three ways to voluntarily resolve charges: mediation, settlement and conciliation. Last year, when the city of Minneapolis awarded $27 million to the family of George Floyd, their attorney called it the largest pretrial civil rights settlement ever. Although the Agency argued that there were "security reasons" for delaying the accommodation, it did not provide any details describing the concerns, it "lost track" of his request for approximately five months, and it failed to respond adequately to his request for a list of Agency-approved software. 0120170604 (Mar. 2020001922 (May 24, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2020001922.pdf. Padilla also averred that he was unable to afford to see a psychologist as he didnt have any medical insurance. Dickerson v. Potter Workers in the class action suit claim that this is false and that other workers had to speed up to cover their heavy workloads after they were fired. 0120162182 (Dec. 8, 2017), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120162182.txt. 0720170034 (June 15, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt. 22, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171405.pdf. Norbert K. v. Dep't of State, EEOC Appeal No. If you are a federal employee or a USPS employee, you can set a consultation via our website at: http://www.theangellawfirm.com You can get a free consultation (15 minutes) or paid consultation for upto a full one hour. This means a settlement from the EEOC or business is not accepted and the victim decides to take the matter to court. Brenton W. v. Dep't of Justice, EEOC Appeal No. We keep track of our clients contact information, and we can provide that to USPS or the EEOC Administrative Judge when they need it. The government-wide average was 344 days. Washington DC 20005. Annalee D. v. General Services Administration, EEOC Request No. Complainant subjected to a hostile work environment based on sex where subordinate disparaged him because of his sexual orientation and managers, who placed the onus on Complainant to discipline the harasser or file an EEO complaint, failed to take prompt and effective action; because Agency did not have an effective anti-harassment policy, Agency was ordered to seek technical assistance from EEOC's Office of Federal Operations and to correct the policy's deficiencies. 2019004252 (Aug. 10, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019004252.pdf. Published Sept. 27, 2021 Updated Oct. 28, 2021. In 2021, we reported that non-career employees' turnover and injury rates were higher than career rates, both before and after we controlled for numerous factors such as employee tenure. The grievances expressed in the lawsuit are the result of the subordination of the US Postal Service to the relentless demands of the capitalist profit system in which it operates, and these conditions cannot be eliminated for all workers through the capitalist legal system. Secure .gov websites use HTTPS Agency cannot shift the blame for challenged actions onto an alleged responsible management official and then make no effort to explain why the official did not respond to EEO Investigator's request for an affidavit or to provide other explanations for the official's alleged actions; an agency's legitimate, nondiscriminatory reason(s) must be detailed and supported by the evidence. 25, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120170498.pdf. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. Margaret M. v. Dep't of Veterans Affairs, EEOC Appeal No. Elbert H. v. Dep't of Justice, EEOC Appeal No. Substantial evidence supported Administrative Judge's determination that Complainant, who held a GS-14 position, did not establish that her work was substantially equal to that of GS-15 male employees; Complainant did not have the same responsibilities as her comparators because she was not a supervisor, did not have budget authority, did not speak for the Agency the way higher-level employees did, and did not have the technical expertise of higher-level employees. Removing Complainant from the workplace by placing her on administrative leave did not insulate the Agency from liability for sexual harassment; reassigning the person targeted for harassment is not appropriate corrective action. The ADUS award was the last in a series of four RI-399 craft jurisdiction awards that (This article first appeared in the November/December issue of the American Postal Worker magazine) information only on official, secure websites. 5, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120171406.pdf. 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. On December 1, 2020, Arbitrator Sharnoff issued a decision confirming Clerk Craft jurisdiction over operation of the Small Parcel Sorting System (This article first appeared in the September/October 2020 issue of theAmerican Postal Workermagazine) Ruben T. v. Dep't of Justice, EEOC Appeal No. death spawn osrs. The EEOC recently awarded $165,000 in non-pecuniary damages for pain and suffering to an employee of the U.S. 0120162040 (Apr. Costs USPS agreed to pay $840,044 for 4,584 pre-complaint settlements, of which 433 were monetary settlements averaging $1,940. A real socialist and internationalist strategy is needed to take control of communications infrastructure from the corporate ruling class and to place it into the hands of the working class worldwide. Agency's appeal of Administrative Judge's decision was untimely filed where Agency filed the appeal more than 45 days (including a five-day presumption of receipt) after issuance of the decision; Agency did not show that it received the decision beyond the presumed five days; Agency failed to seek waiver, estoppel, or equitable tolling; and Agency failed to offer adequate justification for an extension of the applicable time period. 2019005929 (June 15, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2019005929.pdf. Postal Service, EEOC Appeal No. Marquis K. v. Dep't of the Navy, EEOC Appeal No. Padilla v. USPS, EEOC Appeal No. Cristen T. v. U.S. Record was insufficient to determine whether Agency jointly employed Complainant where record did not contain the contract between the Agency and staffing firm, Complainant's position description, or any evidence regarding the day-to-day actions, duties, and responsibilities of Complainant's job. Postal Service, EEOC Appeal No. 0720180009 (Apr. In our continuing commitment to require postal managements compliance with the August 2016 arbitration decision rendered by national arbitrator Shyam (This article first appeared in the January/February 2021 issue of the American Postal Worker magazine) The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. Joan S. v. Dep't of Homeland Security, EEOC Appeal No. Fiona H. v. Dep't of the Treasury, EEOC Appeal No. The Agency provided insufficient evidence to support its dismissal of a complaint, on the basis that Complainant was not an Agency employee, where the record that the Agency submitted contained only the EEO Counselor's Report, the Notice of Right to File a Discrimination Complaint, and the formal complaint; the Agency did not provide any contracts or affidavits from management officials regarding the day-to-day responsibilities and management of Complainant's position. 2021001733 (June 2, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/2021001733.pdf. 2020002713 (June 16, 2020), https://www.eeoc.gov/sites/default/files/decisions/2021_01_19/2020002713.pdf. Secure .gov websites use HTTPS Lacy R. v. Dep't of the Air Force, EEOC Appeal No. 0120182095 (June 23, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_08_31/0120182095.pdf. Complainant entitled to attorney's fees where relief awarded was based on per se reprisal claims that the Administrative Judge sua sponte raised mid-way through the hearing process; attorney's competent representation of Complainant and development of the evidence led directly to the AJ's sua sponte raising of reprisal as a basis. 2020001154 (Apr. Serita B. v. Dep't of the Army, EEOC Appeal No. You do what they say, not what they do. Agency's final order adopting Administrative Judge's decision vacated, and case remanded to Agency for reissuance of final order, where Complainant did not receive the AJ's decision and therefore was unable to argue with specificity about the AJ's findings and conclusions that the Agency implemented. Watch David Norths remarks commemorating 25 years of the World Socialist Web Site and donate today. Lara G. v Postmaster General, EEOC Req. 3, 2019), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0120180568.pdf. Expecting every potential class member to undertake the individualized inquiry that the Rehabilitation Act requires during the liability phase is impractical and unworkable; it is more efficient and effective to require prospective class members to prove that they are qualified individuals with disabilities during the remedies phase of the proceeding, because that is where proof of ones status as a qualified individual with a disability under the Rehabilitation Act naturally aligns with proof of ones membership in a class. The AJ certification decision recited evidence that the goal of NRP was to assign work to employees who had an approved compensable injury as determined by the Department of Labor. We thank you all for your continued patience with this process. 1-800-669-6820 (TTY) 2020000974 (Feb. 11, 2020), https://www.eeoc.gov/sites/default/files/decisions/2020_08_10/2020000974.pdf. Sang G. v. Dep't of Homeland Security, EEOC Appeal No. Administrative Judge properly sanctioned Complainant, by cancelling the hearing and remanding the complaint to the Agency for a final decision, when Complainant failed to abide by the AJ's order to remove video depositions of management officials from YouTube and to provide written confirmation that he had done so. 0720180016 (Dec. 11, 2018), https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720180016.pdf. Kylee C. v. Dep't of the Army, EEOC Appeal No. Based on Title VII charges alone, the EEOC collected $234,000,000 in monetary benefits in 2020. Stefan C. v. Dep't of Homeland Security, EEOC Appeal No. v. Megan J. Brennan, Postmaster General, EEOC Appeal No. 1-800-669-6820 (TTY) Complainant not entitled to personal relief for discriminatory non-selection where substantial evidence of record supported Administrative Judge's conclusion that Agency canceled the selection process because of a violation of the collective bargaining agreement and would not have selected Complainant for the position absent the discrimination. Applying Bostock v. Clayton County, 140 S. Ct. 1831 (2020), the Commission found that the agency discriminated against complainant on the basis of sexual orientation when it did not select him for any of three supervisory positions; complainant established that the agency's proffered explanation was pretextual. Under the Age Discrimination in Employment Act, Gabriele G. v. Social Security Administration, EEOC Appeal No. *Includes only complaints filed in FY 2009 where counseling was also completed during FY 2009. Agency did not establish that its "sit and reach" requirement for a Wildlife Refuge Specialist position was job related and consistent with business necessity where no Agency witness was able to articulate how the ability to reach over one's toes while sitting down with legs outstretched was related to any of the functions of the position. Share sensitive 0 Agency did not show that allowing Complainant to take Saturdays off for religious observances would have resulted in an undue hardship where Agency asserted that it could not do so without incurring overtime costs but made no effort to look into the possibility of schedule swaps or any other type of accommodation. The EEOC . v. Megan J. Brennan, Postmaster General, United States Postal Service, EEOC . 14, 2021), https://www.eeoc.gov/sites/default/files/decisions/2021_06_08/2020002285.pdf. The USPS has fought back against the claims brought forward by the lawsuit, contesting each workers claim individually, alleging that injured workers never provided enough proof that they had disabilities or were actually harmed as a result of the NRP.