The parties have reached a settlement apparently valued at as much as $625 million in an administrative proceeding filed against the United States Postal Service on behalf of current and former postal employees in permanent rehabilitation positions between January 1, 1992, and the present, who alleged that they were denied promotional and advancement opportunities due to discrimination on the basis of their disabilities. Persons eligible to take part in the settlement should contact the attorneys for the class for more information.
The following questions may help you determine whether or not you are eligible to take part in the settlement:
• Are you a current or former employee of the United States Postal Service?
• Have you ever been injured in the performance of your duties as a USPS employee?
• Did you file a claim with the US Department of Labor, Office of Workers Compensation Program (OWCP) as a result of the on the job injury?
• Did OWCP accept the claim you filed for wage loss and permanent partial disability?
• After acceptance of your claim, were you placed in a permanent rehabilitation position?
• Since being placed in that position, have you been denied promotional and advancement opportunities?
If the answer to all these questions is yes, you may be able to participate in the settlement.
Under the settlement, 25,000 current and former postal workers may be eligible for damage awards. The settlement ensures equal promotion opportunities and sets up a stream-lined claims process in which class members may seek up to $25,000 in back pay and emotional distress damages, depending on the year a promotion was denied.
Each class member who files a claim is presumed disabled, reversing the normal presumption in a disability case. If the class member sought or was discouraged from seeking a position for which they were qualified, they will get damages based on the year of discrimination, unless the Postal Service proves by clear and convincing evidence that the class member would not have been promoted in the absence of discrimination. If claims are not settled, they will be resolved in binding arbitration.
Denver EEOC Administrative Judge Dickie Montamayer gave preliminary approval to the settlement on December 3, 2003. Formal notice of the settlement will be mailed to class members, after which Judge Montamayer will decide whether to give final approval of the settlement. Further information, including the settlement documents, may be found at www.gloverclass.com.