A settlement between the U.S. Postal Service and disabled postal workers allegedly placed in "dead end" jobs after becoming disabled on the job has been granted preliminary approval by a Denver Equal Employment Opportunity Commission court. The action was brought on behalf of all U.S. postal workers who between the dates of January 1, 1993 and December 3, 2003 were allegedly denied promotion and advancement opportunities after becoming disabled on the job and placed into "permanent rehabilitation" positions by the Post Office. Under the terms of the settlement, each worker who proves a claim may be eligible for up to $25,000 in damages from the U.S. Government. Notice to all potential class members is scheduled to be mailed early in January, 2004, with final approval of the settlement anticipated in Spring, 2004.

This action arose from what postal workers claim is a systematic and intentional policy of the U.S. Postal service to deny them promotions, awards, favorable job assignments and training for positions for which they are qualified based strictly on their disabled status. According to the postal workers, once they had filed a claim with the U.S. Department of Labor Office of Workers Compensation Program that was approved for permanent partial disability, they were placed in jobs classified as "permanent rehabilitation" positions and continuously passed over or discouraged from seeking any and all advancement opportunities. Under the terms of the settlement, this alleged discrimination will be remedied and workers will be ensured equal promotion opportunities in the future. Workers will also be eligible for up to $25,000 in compensation for lost wages and emotional distress. The amount of damages available will depend on the year in which a promotion was denied. Attorneys for the postal workers claim that the average award will be around $10,000-$12,000. Under the settlement agreement, a postal worker who files a claim will be presumed to be disabled. If the worker sought or was discouraged from seeking a position with the Postal Service for which he or she was qualified, the worker will be eligible to receive damages unless the Postal Service proves the worker would not have been promoted in the absence of discrimination.