News & information

EEOC finds USPS practiced disability discrimination

The Equal Employment Opportunity Commission (EEOC) has found the Postal Service National Reassessment Process (NRP) subjected approximately 130,000 injured-on-duty employees to a pattern and practice of disability discrimination, in violation of the Rehabilitation Act. A letter carrier in Rochester NY, Sandra McConnell, initiated a class action EEOC complaint in 2007 after she was reassessed under the NRP. That class action complaint, covering all injured-on-duty employees who were reassessed under the NRP during the period 5/5/06 through 7/1/11, was decided by the EEOC in September 2017 and finalized in a March 9, 2018 decision.

The EEOC ordered the Postal Service to notify each class member, within 10 calendar days, of the EEOC decision. The Postal Service notice is required to advise class members who believe they are entitled to individual relief, that they must now file a written claim with the agency within 30 days of receipt of the notification from the Postal Service. The EEOC decision is linked here.

A sample copy of the notice and claim form provided by the Postal Service may be reviewed here.

The EEOC identified the following criteria as potential grounds for claiming relief:

Letter carriers who were subject to the NRP and believe they are entitled to individual relief should file a written claim with the Postal Service at the following address:


PO Box 3787

Greenwood Village CO 80155


Many letter carriers have also received communications from the attorneys who won the case (Thomas & Solomon; Kator, Parks, Weiser & Harris). An alternate claim form is available from these attorneys that some letter carriers may find simpler to fill out. By using and signing this claim form, an individual additionally designates the class attorneys as his or her representative in accordance with a retainer agreement that is attached. The retainer agreement includes the following provision: Contingency fees. You do not need to pay us any fee unless you receive a recovery. From any recovery, we will receive 30% of the gross value or amount as a fee (“Contingency Fees”). However, there is a provision allowing an individual to use the form to make a claim with the Postal Service, sign it, and opt out of designating the class attorneys as representative. It states: “With my signature below, unless I indicate otherwise in writing in this document, I have accepted the legal representation from Class Counsel under the terms of the retainer agreement that the law firms sent to me.”

More information about this EEOC decision can be obtained from those attorneys.

Attorney website:     

Attorney phone #s: 585 272 0540 or toll free 877 272 4066


The 30 day window to file a written claim (measured from the date a class member receives notice from the Postal Service) provides a short time period. In order to avoid disputes about timeliness of claims, letter carriers should mail claims to the Postal Service by April 12, 2018.

NALC is making every effort to contact current and former letter carriers that may be entitled to individual relief. Click here to read a sample of the letter being sent to those individuals. If you know current or former letter carriers that were subject to the NRP, please provide this information to them.


Copies of the 2017 and 2018 EEOC decisions are linked, here and here.