Federal Court Dismisses Spokane Postal Service Employee’s Discrimination Case

Spokane – 7/09/18 – Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that United States District Judge Salvador Mendoza, Jr. dismissed a discrimination case filed against the U.S. Postal Service by Justin Harter, a former temporary employee.

According to information disclosed during court proceedings, Harter, a resident of Missoula, Montana who has American Indian/Alaska Native heritage, worked as a temporary Postal Support Employee (PSE) during the 2014 holiday season at the U.S. Postal Service’s Processing and Distribution Center near the Spokane Airport. Harter and several other temporary PSEs were let go after the Christmas holiday season. In 2015, Harter applied for temporary holiday positions with the U.S. Postal Service but was not rehired.

Harter filed a complaint with the Postal Service’s Equal Employment Opportunity Office (EEO) claiming race and gender discrimination. After the EEO found no discrimination, Harter filed suit in federal court. Harter’s civil complaint alleged race and gender-based discrimination, breach of employment contract, and use of prohibited practices by the Postal Service.

In dismissing Harter’s race and gender-based discrimination claims, Judge Mendoza found Harter had not produced evidence that he suffered an adverse employment action connected to gender discrimination or that the Postal Service treated him differently because of his race. Judge Mendoza also concluded the Postal Service had articulated a legitimate, non-discriminatory reason for not rehiring Harter in 2015. Judge Mendoza dismissed Harter’s breach of contract and prohibited practices claims in November/December 2017.

U.S. Attorney Harrington said, “Claims of employment discrimination in federal employment are taken seriously. But when meritless lawsuits are brought, our office is dedicated to vigorously defending those suits and protecting the public purse.”

This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.

3 Responses to "Federal Court Dismisses Spokane Postal Service Employee’s Discrimination Case"

  1. The U.S. Attorney, Harrington said:
    “Claims of employment discrimination in federal employment are taken seriously. But when meritless lawsuits are brought, our office is dedicated to vigorously defending those suits and protecting the public purse.”

    Contrary to what the US Attorney said the case is not meritless, and the defendant in this case, the United States Postal Service, is not any part of the “public purse” that the US Attorney claims to be protecting, but is a corporation that is by law not receiving funds from the US government.

    US Attorney Harrington’s statement is a false representation of the case

    Sadly, the employees of US government agencies / corporations, including the US Federal Court & Judges and the US Attorney systems believe it is their duty to protect the US government agencies / corporations from actual liabilities by abusing their power and authority, cheating US citizens out of their rights and due process under the law.

    This type of abuse of authority and power is not unusual in the US Courts and the US Attorney systems. The only hope for US citizens experiencing the corruption of the US Courts and US Attorneys is that the systems be reformed to uphold the rights of US citizens and correct the abusive, unethical, illegal and activist behavior of the US Attorneys and US Judges!!!

    It is not the duty of US government employees to protect the US government agencies / corporations from actual liabilities. The abuse of power and authority of US Court Judges and US Attorneys, cheating US citizens out of their rights and due process under the law, is not acceptable and the system/s (including the Judges and Attorneys) are long over due and ripe for purging (including charges, impeachment and dismissal) and reform.

  2. The appeal of this case will prove:
    1) the US Attorney misled the Judge regarding the Collective Bargaining Agreement and
    2) the US Attorney misled the Judge about the fact that the USPS admitted a prima facie case was made by Harter in the EEO proceedings.
    Further, the Judge’s order gives the appearance/s that the Judge is an activist who is attempting to protect the US government agency (USPS) from liability/s.by making up his own facts and his own evidence and his own reasons (that were not presented to him in the case) for the USPS’s discriminatory actions.

  3. Here is a guy who wants to work and they turned him away. How sad, especially these days when nobody seems to want these jobs.

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