THE EEOC INCREASES COMPENSATORY DAMAGES AWARD FOR UNITED STATES POSTAL SERVICE EMPLOYEE

In a recent decision from the EEOC’s Office of Federal Operations, the EEOC increased an employee’s award of non-pecuniary, compensatory damages from $10,000 to $85,000. Scott K. v. U.S. Postal Service, EEOC Appeal No. 0120182127 (February 20, 2020). The EEOC found that $10,000 was insufficient to compensate the federal employee for the agency’s failure to provide a reasonable accommodation for his disability. As a result of the discrimination, the employee was diagnosed with Major Depressive Disorder. Although he did not submit medical evidence, he did provide detailed statements explaining the extent of the other impacts of the discrimination, including his “mental anguish, headaches, stomach aches, mood changes, crying episodes, aggressiveness, irritability, insomnia, tension, depression, emotional distress, and anxiety.” As a result, the EEOC determined the appropriate award of damages for emotional and physical harm was $85,000.

If you have questions about this decision, or available compensatory damages in your case, feel free to contact The Wick Law Office at 720-999-5390 or ben@wick-law.com

FMCS and EEOC Sign Memorandum of Agreement for Federal Sector Discrimination Cases

As discussed in the article below, federal employees now have access to mediators from the Federal Mediation and Conciliation Services (FMCS). The Equal Employment Opportunity Commission (EEOC) will be working to identify federal sector EEO (discrimination, harassment, or retaliation) cases that would be good candidates for resolution. Those cases will be referred to FMCS for mediation.

This is good news for federal employees. Hopefully, it will help to resolve some of the backlogged cases before the EEOC and reduce the time period for a judge to be assigned to cases that cannot be resolved through mediation.


https://www.fmcs.gov/fmcs-and-eeoc-sign-memorandum-of-agreement-shares-commitment-to-actively-resolve-federal-workplace-disputes/

MSPB Loses Only Remaining Board Member

The Merit Systems Protection Board (MSPB) presently has no Board members. The lack of Board members does not impact the processing of MSPB cases for federal employees before Administrative Judges. However, it does delay the processing of appeals of MSPB Administrative Judge’s decisions, which are known as petitions for review. Our new article includes a discussion on this issue.

MSPB Loses Only Remaining Board Member Amid Massive Backlog Of Cases

The Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) provides important protections for employees using leave in various situations, including for a serious health condition or to care for a newborn child. Not only is it unlawful to deny FMLA leave, when an employee meets the requirements for such leave, but it is also unlawful to interfere with the use of FMLA leave or to retaliate against an employee for taking FMLA leave. Find out more information about FMLA leave in our new article.

Employee Rights And Protections Under The Family And Medical Leave Act

Protections for Private Employees who are Veterans: The Uniformed Services Employment and Reemployment Rights Act of 1994

We previously posted information about employment protections for federal sector employees who are veterans. In order to provide similar information for employees working for private employers, our latest guidance addresses USERRA Claims For Private Sector Employees. As always, should you have questions or wish to discuss your claims, contact us at 720.999.5390 or ben@wick-law.com

Employment Protections For Veterans Who Are Federal Employees

If you are a currently enlisted service member, including a reservist, or a veteran, and employed by the federal government, there are additional rights that can protect you from unlawful actions in the workplace. One of the laws that specifically protects currently enlisted service members and veterans is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Our guidance on USERRA claims is at the link below. The Wick Law Office is proud to represent veterans in USERRA claims and other employment matters. If you have questions or would like to discuss your situation, please contact us.

Federal Employee USERRA Claims

Fact Sheet For City And County Employees In Colorado

Many employees of cities and counties in Colorado have additional rights relating to employment matters that differ from the rights of private-sector employees. For example, certain city and county employees in Colorado can challenge disciplinary actions and raise allegations of discrimination through internal administrative processes. In addition, claims of discrimination can be filed through the CCRD or EEOC, as is the case with private-sector employees. Our Fact Sheet for City and County Employees in Colorado has additional information.

Colorado State Employee Rights and the State Personnel Board

Employees of the State of Colorado in classified positions, who are certified, have the right to challenge personnel actions to the Colorado State Personnel Board. The ability to challenge such actions differs from the rights of at-will employees in the private sector. There are certain factors in determining who can appeal to the State Personnel Board and what actions can be appealed. Our new fact sheet includes useful information for state employees about the State Personnel Board, raising claims of discrimination, and the Colorado Governmental Immunity Act. Please contact us if you have any questions or need additional information.

FACT SHEET FOR COLORADO STATE EMPLOYEES

Colorado Wage Act Basics for 2019

With the new year, the new Colorado Wage Order has gone into effect. In addition to an increase in minimum wage, the Colorado Wage Order and Colorado Wage Act provide protections for employees against unpaid wages, bonuses, commissions, and expenses. Importantly, the Colorado Wage Act allows employees to recover a substantial penalty from an employer for failing to pay wages, in certain circumstances. General information can be found in the article below on Colorado Wage Act Basics. If you have specific questions, please contact us at 720-999-5390 or ben@wick-law.com.

2019 Colorado Wage Act Basics

What rights does a federal employee have after being forced to take leave?

Many federal government employees have appeal rights to the Merit Systems Protection Board (MSPB) when certain types of disciplinary action are taken against them. Even where there is no formal disciplinary action, an employee may still have a right to challenge the Agency’s action. For example, a federal employees forced to use leave for more than 14-days or forced from the workplace, without due process, may have an appealable action to the MSPB. More information can be found here.

Federal Employee Issues: The Agency’s Burden To Articulate A Legitimate, Non- Discriminatory Reason

In a complaint of discrimination against the federal government, the federal agency has the burden to articulate a legitimate non-discriminatory reason for the alleged discriminatory actions, after the complainant sets forth an initial showing of discrimination. What does the agency have to establish to meet its burden? Find out in our latest article addressing the legal standards applicable to federal sector employees filing EEO complaints of discrimination. Federal Employee Issues: Agency’s Burden To Articulate A Legitimate, Non-
Discriminatory Reason.