Employment Law Firm (704) 706-9292

Postal employee failed to provide information leading to dismissal of claim. A former City Carrier Assistant with the U.S. Post Office (USPS) filed a complaint with the Equal Employment Opportunity Commission alleging discrimination based on age, reprisal, and disability.

Complainant noted several disciplinary and harassment actions taken against him in the course of his employment. The decision was issued without a hearing because the complainant failed to attend the hearing and did not respond to the administrative judge’s (AJ) order to show cause. The EEOC determined that several of complainant’s claims were missing information that adequately explained why the USPS took certain actions against him, including issuing a notice of removal when complainant failed to notify the agency that his driver’s license was suspended after being arrested for driving under the influence. The USPS agreed that complainant was disciplined on several occasions, but contends that they were for legitimate safety infractions such as talking on his cell phone while operating the mail truck and making a U-turn in the path of a FedEx vehicle. The EEOC determined that complainant failed to establish that the agency’s actions were discriminatory based on a protected class. The Office of Federal Operations affirmed.

Erich B. v. Louis DeJoy, Postmaster General, United States Postal Service https://www.eeoc.gov/sites/default/files/decisions/2020_12_07/2020004690-2020004691.pdf

Kirk J. Angel regularly represents federal employees in EEO matters including proceedings before the EEOC. If you are a federal employee, including postal employee, and need an attorney, you can set your free 15 minute consultation directly on our website. For more information, click: https://theangellawfirm.com/eeo