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Deadline to Submit Questionnaires For Walker Class Action Case is Dec. 15

Time is running out for postal employees involved in the Walker Class-Action lawsuit to return questionnaires they recently received from the Postal Service. The class-action complaint alleges the USPS discriminated against the employees on the basis of disability; the questionnaire [PDF] is about damages the employees may have suffered.

An Equal Employment Opportunity Commission Administrative Judge ordered the Postal Service to send the questionnaire to all members of the class. The questionnaires must be mailed by Dec. 15, 2011, to the USPS National EEO Investigative Services Office in Tampa, at the address below:

NEEOIOS
P.O. Box 25558
Tampa, Florida 33622-5558

The counsel for the class is not involved in the process, but advised APWU Human Relations Director Sue Carney that the questionnaires will help determine a potential settlement if the commission finds discrimination occurred.

Employees cannot be hurt by completing the form, nor will they be removed from the class if they fail to return the questionnaire. Counsel additionally stated it is acceptable for employees to indicate that they do not know an answer, that their answer is an estimate, or their answer is based on their best recollection.

The order to distribute the questionnaire was issued prior to a decision being rendered on the complaint itself — that decision is still pending and will determine whether present or past postal employees who are disabled within the meaning of the Rehabilitation Act and who were assigned a permanent rehabilitation position anytime from March 24, 2000, to the present were discriminated against based on their disability and permanent rehabilitation status when the Postal Service restricted their duty hours.

About the Case

On May 5, 2000, Edmond Walker, a temporary Rural Carrier Relief, filed an individual discrimination complaint against the USPS, claiming that the Postal Service discriminated against him on the basis of his disabilities and permanent rehabilitation status when his duty hours were restricted to 14 hours per week and he was denied the opportunity to work overtime. On Aug. 19, 2005, the EEOC certified Walker’s complaint as a class action after he alleged discriminatory acts had been continuing for a class of disabled permanent rehabilitation employees working for the Postal Service.

The USPS appealed the decision, arguing the certified class was poorly defined and the class members were unidentifiable. The commission disagreed and affirmed the decision on March 18, 2008, ordering the Postal Service to process the class complaint within 30 days. Individuals with disabilities in permanent rehabilitation positions who had their duty hours restricted beginning March 24, 2000, were certified as the class. Approximately 40,000 employees have been identified by the Postal Service as class members.

For purposes of this litigation, the following class definitions apply:

The phrase “permanent rehabilitation employee” includes any rehabilitation program employee whose Postal Service employment records reflect an employee status code of LDC 69 and/or employee status code of RC (reinstatement of compensation for current employees) and/or RD (reinstatement of compensation for former employees) Note: RC/ RD can be found on line 29 of PS Form 50. .

The phrase “duty hours…restricted” includes: (1) restrictions limiting the number of hours generally worked; and (2) restrictions which allegedly resulted in the denial of overtime.

The term “disability” means, with respect to each individual: (1) a physical or mental impairment that substantially limits one or more major life activities of the individual; (2) a record of such impairment; or (3) being regarded as having such impairment. 29 C.R.F. §1630.2(g)(1)-(3).

If you meet the criteria to be a potential member of the class, you are not required to do anything in order to remain a class member. The case will determine the legal rights for class members. The commission does not allow class members to “opt out.” A final decision finding discrimination would be binding on all members of the class and on the Postal Service. A finding of “no discrimination” would not be binding on a class member’s individual complaint.

In the event that liability is found, you will receive another notice on how and when to file such a claim. Any class member will have the right to object to or challenge any proposed settlement of the case. Class members also may participate in any determination of individual relief if discrimination is found.

The following are the representatives of record for this class complaint:

John Mosby, Esq.
Marilyn Cain Gordon, Esq.
Elisa J. Moran, Esq.
John W. Davis, Esq.
621 17th Street, Suite 1035
Denver, Co 80293

Members can obtain additional information about the case from Class Counsel by calling their Walker Class Action General Mailbox (800) 280-8301. Questions can be e-mailed to walkerclass@msn.com or faxed to (303) 927-3860.

APWU members should note that the law prohibits discrimination, retaliation, threats, interference, intimidation and/or coercion against individuals who participate, testify, assist and/or are involved in the presentation or processing of this class complaint.

Edmund Walker Et Al., Complainants v. Patrick R. Donahoe, Postmaster General, United States Postal Service Respondent; Agency Case No. 4E-800-0240-02, EEOC Case Nos. 320-A2-8390X; filed on August 19, 2002

9 Responses to Deadline to Submit Questionnaires For Walker Class Action Case is Dec. 15

  1. Roderick V. Brown

    December 16, 2011 at 2:54 pm

    I am in this class but I did not receive a letter informing me of the deadline to submit the questionnaire before the deadline. I retired under disability in 2007. I applied for six HR positions and was turned down six times, they hired non-postal employees instead. I could go on and on but I may get sick just thinking about it…

  2. Judy Snow

    December 29, 2011 at 1:04 pm

    I wondered if this was a scam or real. I try to call the # and always get a busy signal. I was sent home from work & do draw dissability, but have been left with an on going & ecver worstening condition as a result form an on the job injury.
    Just wondering if I woluld be included in the W-123890 class action lawsuit, (and if it is going to cause trouble , or cost me anythging)

  3. Allison W.

    December 29, 2011 at 1:26 pm

    I received a second form to fill out….exactly the same questions but slightly different format. the deadline for this form (going back to the same addy in Tampa) is January 22, 2012.

  4. CAROLYN olsen

    July 23, 2012 at 8:08 pm

    I’ve. emailed. so many times its not funny !!! never have got a reply called the number they tell you to call . the recording comes on a tells you do not call this number again so what’s up with that????big run around from. attorneys. and the good old postal service. no wonder their broke. poor management

  5. Brian McDaniel

    July 26, 2012 at 2:54 pm

    In regards to the Walker Class Action . I have been waiting 12 years!! For a decision. There was a number to call 1-855-449-0911 but when you call you get a very rude recording. I thought these were the lawers working for us!! If anyone could give me more info on this matter I would greatly appreciate it.

  6. daniel jamesfoley

    July 29, 2012 at 2:54 pm

    hey fraud and discrimation occures at the sf uspd bulk mailing center in richmond ,ca it happened to me. i was forsed to go out on medical. i agreed to send letters for reinstatement every 6 mo’s. tes, hiring was going on, but fraudulantly no call from USPS Human Resourses !!! i filed charges against the usps in federal civil court in sf,ca and it was just dismissed !!! only 15 % get to court !!!! Criminal’s get a lawyer but in federal civil court no lawyer however the usps has a ferderal civil lawer !!!!! this is discrimatory !!!!! fight fight fight for our rights!!!!!!!

  7. MICHAEL

    December 9, 2012 at 7:14 pm

    has anybody heard anything about this case i’ve been involved for years. i was forced to take a medical disability retirement after a drunk alaskan native blind sided me in 2006 then the real fun began with OWCP and managment still waiting just like everybody else.

  8. Charles

    January 13, 2014 at 6:59 am

    I have been trying to get more answers also. I have tried contacted them several times,by their E-mail and by phone. I received nothing from my e-mail and busy signals for my phone calls.
    I, like the rest of you think they left some of us out and refuse to reply.I too was discriminated ,harassed and retaliated against.
    How ever, when it began I did get through once.

  9. Cecil D. Stewart

    October 9, 2014 at 11:52 am

    The first thing I to know is when is my deadline? The letter I received is dated 9-30-14. It states, I have 15 days from the date of this letter to provide Class Counsel with only the documents requested. I received my letter 10-3-14, and I don’t know these Codes that is being referred to! I am on medication(Meds) and my thinking is not up-to-par! Also at this time I am without my Meds and things are even worse! I have to remember where things are,i.e. documents, dates and all of this plus the fact I found out its my job that is keeping me from getting paid and everybody wants their MONEY! Its been sixteen(16) months without pay. I need time to tell you how I found out; ITS MY JOB that is doing this! But I will say and I found out that the people(other employees)who are problem free; are the ones who;(1) never been put off the clock, (2)always received a modified job. and (3) never went without pay! They are the ones who is; related to, or in a relationship with management! So first let me know the deadline date so I can get this information in on time! I have to go to the library to use the COMPUTER!

    Cecil – this article was written by APWU – the article provides the phone numbers to call with questions. PEN