USPS Agrees to Pay $61 Million in Disability Discrimination Case

May 31, 2007 by postal
Filed under: eeo, postal news, usps 

Glover/Albrecht v. Potter

U.S. POSTAL SERVICE AGREES TO LARGEST EVER DISABILITY DISCRIMINATION SETTLEMENT – $61 MILLION

(Press Release) Under a class action settlement announced today, the United States Postal Service will pay $61 million to resolve the workplace disability discrimination claims of over 7500 current and former postal workers. Over $53 million will be distributed directly to the workers, the balance represents attorneys fees and expenses of the attorneys who have been litigating the case over the last 14 years.

The case, Glover/Albrecht v. Potter, involves denial of promotion and advancement opportunities to U.S. Postal Service employees with workplace disabilities who had been placed in dead end “rehabilitation” positions. Nearly a third of the employees in rehabilitation positions since 1992 will recover under the settlement. The recovery is by far the largest in a disability discrimination employment class action.

Under an Initial Settlement announced in 2004, the discriminatory policy was ended, and over 10,543 of the more than 25,000 rehabilitation workers filed claims of disability discrimination. After review, 3057 of the claims were dismissed, leaving 7512 claims to be resolved. After extensive mediation, the Postal Service and the attorneys for the workers reached this Global Settlement, which was preliminarily approved by a federal administrative judge on May 23, 2007. Formal notice will be sent to the class members by June 22, and the judge must review any objections to the settlement and then approve it before it becomes final.

Under the settlement, claimants who sign a release will receive their shares by November 2007. Those who do not sign a release will receive their shares after any appeal of the approval of the settlement, which could take a year or more.

Denver attorney John Mosby, lead counsel for the class, has fought this case for over 14 years. “I am happy that a case that started out as an individual claim by one worker, has led to a measure of justice for thousands.”

Brad Seligman of The Impact Fund, a Berkeley, California nonprofit law firm that led the negotiations for the class, explained the importance of the settlement: “While disability class actions are rare, this case shows that stigmatizing employees because of their status can have enormous consequences.”

The class was also represented by Elisa Moran of Denver, and Marilyn Cain Gordon of Washington D.C.

The case arose in 1993, when Chandler Glover, a Denver Postal worker, filed a claim of discrimination. Later, Dean Albrecht of Clearwater, Florida, joined as co-class representative. The class representatives each receive $85,000 in the settlement.

Further information, including the settlement documents, may be found at www.gloverclass.com

click here for Global Settlement Agreement Docs

 Related link: His pain defeated Postal Service - Frustrated, [Dean] Albrecht filed what eventually became a class action lawsuit against the U.S. Postal Service on behalf of injured employees.

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Comments

42 Comments on USPS Agrees to Pay $61 Million in Disability Discrimination Case

  1. StewSue on Thu, 31st May 2007 3:29 pm

    2. AnswerMan,

    True words. Postmasters are the most overpaid and useless employees within the postal service. I have NEVER seen so many individuals making soooooo much money but are required to have ZERO job knowledge. These jobs are politically appointed jobs and postmaster positions need to be abolished. In this day and age of technology there is no need for an installation head at EACH AND EVERY post office. It is a total and complete waste of postal funds. Additionally, the sense of entitlement that postmasters expect is completely out of line considering their overall lack of eduacation and job knowledge. Postmasters continually speak of automation and the high technology future of the post office and yet they are truly the dinosaurs of the USPS!

  2. Regina on Thu, 31st May 2007 4:16 pm

    3. good perhaps these supervisors who go around saying these people who were injured are now useless and them treat them like s h i t. most managers came in decided that they did want to work and saw supervisors walking laughing and talking all day getting flunkies to do thier work taking hour 2 hour lunches having friends around them entertaining them all day like they are rock stars. and then when someone who works gets hurt they have the nerve to call them lazy and don’t wanna work. they are the ones who have never done any of the physical work they demand workers do and if that person can’t they get a just cause. i saw a lady working a dcbs by herself first she loaded it and then she took the mail from the stackers. if she had refused she would have caught hell and the supervisor got their way. get that mail out. if this lady ends up with carpel tunnel she will have hell to pay and the co workers who didn’t offer to help a little, they will start mimicking their rock star supervisor calling her shiftless and lazy and trifling. i wish the award was more.

  3. Old Retired Guy on Thu, 31st May 2007 5:01 pm

    4. StewSue is right. All that is required, today, is for data to be fed into a computer. No PM duties are required. A data entry technician is all that is required. In fact, the full services of a data tech. is not required. Anyone who can type can do the job. A supervisor usually does all this anyway. Eliminate all those politically appointed positions and save a bundle.

  4. joe dirt on Fri, 1st Jun 2007 8:21 am

    5. the postmaster position is a family business,they hire friends and family, whether or not they are qualified. They are not held accountable for their actions.They play golf on company time.postmaster is just a title,,it really is a drain on the post office !!

  5. Latina Time! on Tue, 5th Jun 2007 8:32 am

    6. how did the story get from usless iods, to postmasters? talk about misguided thoughts!! and as for you,regina, your post was so stupid, i just had to laugh!! you mentioned co-workers who won’t help a little? well, those co-workers are already overburdened by having to carry the load of over 30 thousand lazy slugs, some of whom have been sitting around doing nothing for over 10 years! so regina, i say to you, next time, in light of your flagrant stupidity, and narrow minded opinion, take the 5th…remain silent, then we will all just think you are stupid, rather than have you open your mind and your mouth and prove us right!

  6. hungarian time on Tue, 5th Jun 2007 9:20 am

    7. latina you are a looser.hook up with slow poke rodriguez.if you are all that intelligent,don’t you feel you are wasting your life at the p.o. you could be doing something worthwhile,but i guess you are just in it for the $$$$.

  7. R1 on Wed, 6th Jun 2007 2:28 am

    8. Notice that the UNION had NOTHING to do with this settlement. Satisfaction for those in the lawsuit came from outside sources. The Unionions wanted no parts of this —– WHY????

  8. been there done that times on Mon, 18th Jun 2007 4:51 pm

    9. Latina Time you’ve opened your mouth and shown how stupid you are. Regina is right. Maybe aqfter paying 61 Million the Mr. Potter will appoint someone to investigate the management practices thst are not working..and try to eleminate future employees on the job repetative motion injuries and back breaking assignments so that employees that the supervisors on duty personally like are in no way required to do the work which over time would be disabling considering the post office is paying 5 employees and only 2 are doing the work..the 2 the supervisors doesn’t personally like.

  9. been there done that times on Mon, 18th Jun 2007 4:56 pm

    10. Oh My Bad..what was I thinking..that just means now the 2 workers will be doing the work of 8 people instead of 5 since there will be a hiring freeze on to pay for all the mismanagment disabilities.
    (I am exagerating with the 8 people but.. you get the picture)

  10. 2mara on Thu, 21st Jun 2007 9:25 pm

    11. Regina seems to know about awards. Off the original subject. But, What about someone who severely injures their back, need pins,mesh,and rods, but is entitaled to NOTHING bbecause head neck and back injuries don’t count for a schedule award! That truely sucks. But some imbo who sits around doing nothing can “claim” carpal tunnel and get enough for a car. What the sense is this?

  11. Concerned1 on Sun, 8th Jul 2007 10:32 pm

    12. Look at this:

    NWIAL.com:
    “Airborne Paper Fiber-Nuisance Dust or Killer?”

  12. 1buc on Mon, 9th Jul 2007 6:18 am

    13. Unbelievable how many of you damn scammers that there are in this organization! The fact is, you scheisters will never see any of this money. This will be dragged on for years.

  13. mick on Fri, 13th Jul 2007 5:22 pm

    14. so true 2mara ive had 2 back surg all i have to show 4 it is nice scars and p and s which is pain and suffering

  14. missy on Thu, 19th Jul 2007 11:51 am

    15. Congratulations on the victory of your claim! This win affects EVERYBODY. Now the PO will have to change their ways in how they operate in this regard. All because of one person. ONE PERSON CAN MAKE A DIFFERENCE! From a 30 year abused employee, ‘thank you’ for making a difference in the lives of all of us in the betterment for the employees of the Postal Service. Thank you to everyone that got on board with their support of this class action, and thank you to the attorneys that have given us hope, that all things are possible. God bless all of you!

  15. Angel on Tue, 31st Jul 2007 8:32 am

    16. The $61 million speaks for itself. The USPS is GUILTY as charged. Prasise be to God that Glover & Albrecht had the courgage to take this on against the usps. May God bless both of you for all your hard work. I have seen such unbelievable treatment of employees. It can literally make a person insane working there because of the stuff that goes on, and it so often seemed that there was no one in charge with integrity. The usps has finally been exposed of the demons that are within it.

    It’s really quite a miracle that this suit has triumphed considering you are not allowed to sue the federal government. This was an exception due to the degree of the mistreatment of employees.

  16. Denise on Thu, 2nd Aug 2007 4:25 am

    17. Guess what TSA is doing the same thing to it’s employees right now.

  17. Denise on Thu, 2nd Aug 2007 12:23 pm

    18. I work for TSA I was injured lifting passenger baggage 3.5 years ago. I underwent spinal surgery. I have applied for promotion several times with no results. Most of the employees hired the the same day as me ( my group was the first to roll out TSA at my airport) have all been promoted several times except for me. I am in a dead end admin. job. Better yet the way we recieve raise is thru pay for preformance program otherwise known as PASS. Guess what I can’t participate becuase I can’t be rated as a screener, so guess what no raise for me. Any help you folk at the Postal Service can supply would be greatly appriciated by some of us at TSA who are bing abused. Need a lawyer who would take the case.

  18. Shell on Sat, 11th Aug 2007 6:14 pm

    19. Hear,Hear StewSUE I could not have said it better.

  19. Pat on Thu, 30th Aug 2007 10:53 am

    20. Been there and done all of the above and worked for the post office for 26 years. I ask for an application for promotion and was told it would do me no good that since I was hurt they didi not want anyone like that in a higher position. When I got hurt I was treated like I was dirt to walk around on. Then when I started doing the computor data jobs. Edit books for 23 rural carriers monthly and adding all new territory to routes and doing route bust and extensions and return mail plus anser two phone lines and help with the caller window well guess what. They would love you up to your face and talk about you like dirt to your back. I finally had to take disability because I could ot keep up with the demands that they put on me as a disabled rehab clerk. Now they act as if they don’t even know I every worked there or my name. To bad I know enough about some of their activities to really stir up a big stink if that is what it comes down to for me.

  20. B.E M on Thu, 30th Aug 2007 12:44 pm

    21. I was hired with a back injury,worked my butt off , and hurt it on a culling belt in 1992,The postmaster and supervisors tried to stop me from receiving workers comp.I went to a US Senator ,had all of my dates times.and who said what,The dummie in the front office who smoked and drank coffee all thinking I was a dummy ,know better now.
    I studied all the manuals for a suporvisor and a postmaster ,put in for several jobs ,once the OIC called me and wanted to know how to send a package to Japan ,that she could not find it the the Demostic mail manual..duhhhh now she in a level 21 postmaster and dont know how to do her job.
    The post office is the pits to work, most postmasters dont know there ass from a hole in the ground.
    And if you get hurt,then you are useless to them or so they say.
    One told me once he needed a whole man,not a cripple..I hurt my low back in 1992 took till 2005 with help from a Congressman to get an operation a spinal fuson,with two 11 inch rods in my back 13 years of pain because the ass holds could hold me up. Not give me a job and wanted rid of me.no amount of money is worth what i have been throught with the USPS.They are the pits,worse.and stupid people who think they know it all.

  21. gladtoBretired on Fri, 26th Oct 2007 5:33 pm

    22. Come on November, I have already picked out my Harley…..zoomzoom.

  22. lumbarkid on Tue, 30th Oct 2007 9:22 am

    23. I worked for the P.O. for 28 years. As a carrier I had a heavy walking route for the first 10 years. I injured my back on the job and had 4 back surgeries over 6 years. As mentioned above back disabilies were not covered under the schedule award system.I often had to request assistance from Senators to even receive compensation while I was recovering from surgeries due to on the job injuries. Dealing with Postal management i.e. 204B’s,supervisors, injury comp. personnel,Dept. of Labor was a nightmare.Not only living with chronic pain but having to deal with their condenscending attitudes regarding my disability. I could write a book that would be considered fiction regarding Postal Management’s unscrupulous treatment of injured employees. I have been retired for 7 years now. I was thrilled to hear that the P.O. finally got their come-upins. Many in management have forgotten the golden rule “do unto others as you want them to do unto you”! I am looking forward to my compensation but most importantly that the Post Office is having to pay for what they did to injured employees.

  23. GroundDown on Sun, 25th Nov 2007 1:39 pm

    24. I really need some advice. My brother has been with the post office for 7.5 yrs. He is a mail handler and catches the devil at work…doing all kinds of heavy lifting,walking,ect not in his actual ‘bid job’. Anyway, he has worn his knee out. He had surgery Friday. The surgeon could not repair it..just tune it up a little. he is too young for knee replacement(41yrs old}. The doc said that my bro. can in no means continue to do the job he has & needs a sit down job with not being on his knee more than 15 minutes per hr. We told the surgeon that he is a mailhandler with the post office and the doctor understood why the knee is gone. The doctor said that my brother is disabled and should attempt to get disability from the post office and that he will docoment everything and do what he can to get my bro. on disability.
    My question is what do we do next? How hard will the post office fight this? If the doc has all the evidence with pics from surgery ect. and his opinion saying that he is disabled, will this be sufficient? My brother really wants to work, but is not truly able. He says there are no sit down jobs where he works. Will the post office fire him and not have to pay anything? Any advice will be appreciated.

  24. FeelYour Pain on Thu, 29th Nov 2007 3:21 pm

    25. grounddown,please make sure that your brother has all of his documentation from when ever he was out for that bad knee. He will also have to request light duty and let them deny him so that he can show that he in good faith tried to get other accomadations. His Dr. also has to make sure that he lets them know that your brother can’t perform his duty of a mailhandler or do any form of work indefinitely. guess what eventually his other one is going to go bad as well as his hips and back take it from a young retire mailhandler that knows all to well. never allow him to give up because they will do all that they can to discourage him. when he gets down and can’t fight somedays he needs you and your family to step in. The key is paperwork bulkslips and keep any and all medical documents and correspondants. GOD BLESS YOU ALL!

  25. Ronald Lee Swanson on Sun, 30th Dec 2007 1:34 am

    26. please remove number 26… I though that this go to the office but found out that this show to all who read,,
    Please remove number 26 . Sorry

  26. sharon stadther on Thu, 8th May 2008 1:33 pm

    27. I would like the names of the attorneys involved with this case. I am an injured TSA employee looking to join some class action suit against the TSA for job discrimination. My phone #651-208-8225

  27. sharon stadther on Wed, 28th May 2008 5:02 am

    28. You all should try working for the TSA, handling baggage all day! I’ll show you injuries, and of course the gov. wants nothing to do with it.I don’t think it’s a postal thing but a failed gov. Willing to write laws for the private secture to follow but they are above the laws of the land!

  28. sharon stadther on Tue, 3rd Jun 2008 5:40 am

    29. Denise, Where have you gone? I also am dealing with the TSA. I would like other individuals who have experienced the same discrimintory treatment to please comment on their loss of civil rights!The people in charge of tsa claim to be so PATRICOTIC! THAT IS FALSE these people have no clue about civil rights and have no desire to follow the laws of this country.

  29. Anonymous on Thu, 10th Jul 2008 8:21 pm

    30. You folks are embarrassing! I have worked for the USPS for over 20 years. Am an excellent employee, I have never had a reportable injury, have had two children and used maturnity leave, have not abused my sick leave, am not a whiner, have appreciated my job and what it has afforded my husband and I to do. Buck it up, take responsibility for yourselves and your actions. Unforturnately we live in an entitlement society and postal workers seem to be the worst! An honest days work for an honest days pay.

  30. anonymoous on Wed, 30th Jul 2008 6:41 pm

    31. To A. Your a nut, I to have been an excellant employee with TSA, great reviews, receivved all bonuses! Never been repremanded ect… Watch out if you get injured, your gov. will turn their back on you! 35 years working for this silly country, what a joke.

  31. rebecca on Fri, 15th Aug 2008 4:30 am

    32. Righto –new slogan–with first class mail disapperaing here’s a sure fire slogan the public will love– buy stamps to support injured postal workers.

  32. not going down without a fight on Sun, 17th Aug 2008 7:46 pm

    33. I would desperatly like to get in touch with Dean Albrecht. I am being treated very unfairly and I am an injured on job in 2000 now greiving letter of removal.

  33. Anonymous on Mon, 3rd Nov 2008 3:54 pm

    34. The albrecht-Glover Settlement was a joke and for all of you, “the take responsibilty for yourself people” if it wasn’t for us hard working responsible people that GOT HURT IN THE FIRST PLACE and kept your job alive in the first place you and the post-office would have learned how to read and not have your but sitting in the bars during work hours and for you people in the office well if you worked in the CHICAGO DISTRICT I’m sure you’ve got your finger up your ass and voteing for OBAMA just because he is Black.

  34. Anonymous on Mon, 3rd Nov 2008 4:04 pm

    35. To the United States Postal Service
    Chicago District- 211 s Clark Chicago Il 60690 Does-not allow white-injured males to work there thats even after you’ve talked to your Senator, Congressmen and filed a couple of lawsuites.

  35. Anonymous on Mon, 3rd Nov 2008 4:05 pm

    36. Chicago District Postal Service

    Whites need not to apply !

  36. George on Fri, 5th Dec 2008 3:57 pm

    37. I’m trying to get in touch with Dean Albrecht some how to ask him some questions concerning discriminations acts. Does anyone familiar with e-mail address of him

  37. annonymous on Fri, 5th Dec 2008 4:05 pm

    38. Perament Injured worker here do to a hold up need to find out about discrimination against me as a injured worker

  38. I agree with 1,2, 3,4 and 5 on Mon, 19th Jan 2009 3:27 pm

    39. Postmaster positions are waste money on PO. My postmaster does little work and get paid level 20. Most of the time, he just sleeps on his office to get paid. Talking about my supervisor, she works around 5 to 6 hours and gets paid for 8 hours. My question is how we can gather all these inf about wasting PO money on these management slackers to show to Mr. Potter so they he can cut down management position to save PO money.

  39. SweetyPetey on Tue, 3rd Feb 2009 9:27 am

    40. Discrimination is no joke. There are many types. But at this point there is no protection for those of us who have been injured while in the performance of our duties to keep us safe from discrimination. I believe we should work on getting legislation passed that protects Limited duty employees from discrimination on the basis of that on-the-job injury. Write Congressmen(women), Senators, find out your rights. The LAW is your greatest tool, and it is on your side. Man know thyself. The Rehabilitation Acts, the Americans with Disabilities Acts, the No Fear Act(Retaliation Act), Civil Rights Acts, Privacy Act. Know your contract, find out about the Employee Labor-Relations Manual (ELM), begin requesting Reasonable Accommodation per the EL-307 (Reasonable Accommodation, an Interactive Process.) These are all available to assist you. I know management doesn’t care about these. I highly recommend finding a way to get out of the USPS with your allegations. If it remains behind closed doors then the USPS will do nothing to help. The EEOC stays within the system unless you file a formal complaint. This is the BEST way to get things straightened out. There is even up to $300,000 that can be given in compensatory damages. Document days, times, individuals that overheard. Keep going, never stop. If you quit, they win. This is so important people. We have to work to make things right. We all have to. I’m sick and tired of being sick and tired. I’m standing up. Will you stand up with me? If we do not stand up for ourselves, then no one will stand up for us. It is possible. I have found solace in connecting with other people who have suffered similar circumstances, and who have not given up hope that there is a way. We can do it if we all stand up together. I have been injured in 2 OTJ injuries. Both of which are attributed to my supervisor’s negligence, harassment, intimidation and bullying. Everything in my life has been affected. If I don’t reach out and help others then it will all have been for nothing. Stand up. Now is the time. Things can change.

  40. Wizzard in the buff on Tue, 5th May 2009 1:19 pm

    41. I have been employed here in the VMF since 1980. I have had numerous injuries otj since it is a physical job {Truck body repair}. The former management: 6 years ago; were willing to give the fairest treatment and were even willing to do what was necessary to expedite claims in order to get my services back as soon as possible. The current management [includes a 204b] are trying to have us removed. Not because I’m on light or limited duty but because I am qualified to retire. The efforts on their part include a 7 day suspension and a 14 day suspension. These are for fabricated offenses. There is real discrimination going on in the USPS and I have turned to the US DEPT OF LABOR and am currently enjoying some relief of the harrassment that has been part of the workplace environment since march of 07. It is partly due to the stupidity of my supervisors. They broke a federal labor law in their treatment of my circumstances. I have had to endure the ire of the Union steward since he is a management puppet. I have had the OIG called to investigate the collection of testimony with a voice recorder. I have had the postal security force harassing an eployer for whom I work part time. I really don’t know whats next. Since the combined IQ of all three of my supervisors is a two digit number, I don’t think I have too much to worry about. I would like to compare notes. Send e-mail to the above address. I read it daily. I will give ypu details of what is happening here. Most of it is criminal but everyone is afraid of the big bad boss.

  41. SweetyPetey on Sun, 14th Jun 2009 10:18 am

    42. I have been subjected to ongoing discrimination and harassment based on my injuries on duty and the disability which resulted from it, since 2007.

    I am looking for an attorney that can provide legal counsel and assistance in my case.

    I have filed several EEOs, have good documentation, and can prove my case. Please if anyone can direct me to such a lawyer I would very much appreciate it.

  42. straw on Thu, 6th Aug 2009 7:40 pm

    43. August 6th, 2009 at 3:55 pm
    Tell me where I can get some help.I am a mail processor for 13 years, our plant closed back in May. Almost 300 employees were relocated in the immediate area. No more than 60 miles from home.Three of us, all black ,all over 50 and all with what Mark Scaroborough, the lead manager in Kansas City says is a disability, were sent 180 miles from home. And get this,I’ve never been on light duty or limited duty or anything. But I did file an EEO and a lawsuit back in 2003-2006. Just call me straw man. I have filed another EEO.