McNicholas & McNicholas Prevails on Class Action Appeal on Behalf of Disabled Postal Workers
On February 6, 2015, the appellate branch of the Equal Employment Opportunity Commission (EEOC) dismissed a second appeal filed by the U.S. Postal Service in a class action brought by disabled postal workers. The class action is pursuant to the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in federal employment. In 2012, the U.S. Postal Service filed an appeal challenging the certification of the class and was rejected by the same appellate branch.
“By prevailing on this appeal, we successfully cleared the way for this class action to proceed,” says John McNicholas. “Had the appeal been allowed, it would have disenfranchised thousands of class members.”
The class action alleges that the U.S. Postal Service, a federal employer, deliberately denied them reasonable accommodation by using the pretext of the Postal Service’s, “National Reassessment Process,” which allows the employer to reassess all limited duty employees in order to update and revise rehabilitation job offers. However, the law requires the U.S. Postal Service to find jobs for those in their firm which will accommodate the workers’ injuries, allowing them to earn a living and support themselves.