Former Postmaster Wins Hostile Workplace Lawsuit -But No Money
A jury found the Postal Service liable for creating a retaliatory hostile work environment, but awarded no compensatory damages.The Court also considered the issue of whether any equitable relief, such as back pay, should be awarded. The Court determined that former Nazareth, PA Postmaster did not prove any loss in wages or benefits resulting from the Postal Service’s unlawful actions to support or quantify an award of back pay. The Court did grant equitable relief in the form of enhanced training for certain Postal Managers and a requirement that USPS post notices of the verdict.
Some background
Hare essentially makes three claims under Title VII. First, she argued the Post Office violated 42 U.S.C. § 2000e-3(a) by retaliating against her for filing a claim with the EEOC. She claimed this retaliation is evidenced by her not being selected for the POOM job or the CMP, receiving a lower performance rating, and being harassed by several Postal Managerss. Second, she argued the Post Office discriminated against her based on her sex in violation of 42 U.S.C. § 2000e-2(a)(1). Specifically, she claimed she was sexually harassed by a Postal Inspector. She also claimed that her complaint against the Postal Inspector was inadequately investigated because she is a woman, and she was subjected to a hostile work environment created by her supervisors. Finally, she claimed the Post Office violated Title VII by constructively discharging her.
In a Federal District Court Hare’s claims of retaliation and hostile work environment against the Postal Service were heard by a jury. Prior to trial, the Third Circuit had upheld a ruling in favor of the Postal Service on Hare’s constructive discharge claim, as well as Hare’s claim that her receiving a lower performance rating was retaliatory. Hare dropped the sexual harassment claim.
After trial, the jury determined that the Postal Service had created or allowed a hostile work environment, but awarded zero compensatory damages. Hare sought back pay, and injunctive relief in the form of restraints on speech by the Postal Service. The Court ruled that Hare is not entitled to any relief..Opinion from the Federal Circuit
The District Court ordered enhanced training for several Postal Managers:
The focus of the training shall include what circumstances, conduct, and communications constitute retaliation, a hostile work environment, and retaliatory harassment; appropriate and inappropriate behavior by managers; and how to maintain a non-discriminatory and non-retaliatory workplace environment. If the training references this case, the facts supporting the jury verdict on liability shall be used to illustrate these principles.
The training shall be provided to the following individuals: Central Pennsylvania Performance Cluster District Manager; all current Post Office Operations Managers for the Central Pennsylvania Performance Cluster; and those individuals in the management chain of the district which included the Nazareth Post Office at the time of the contested conduct. The total number of participants shall not exceed twenty-five (25) people.
The Defendant shall post the jury verdict sheet for Hare v. Potter in the following facilities: Nazareth Post Office, Nazareth, Pennsylvania; Central Pennsylvania Performance Cluster District Offices, 1425 Crooked Hill Road, Harrisburg, Pennsylvania; and the Philadelphia Metropolitan Performance Cluster District Office, 2970 Market Street, Philadelphia, PA.
The postings at the Nazareth Post Office shall be on the bulletin board nearest the Poster 71, Equal Opportunity is the Law. The posting at the Central Pennsylvania and Philadelphia Performance Cluster District Offices shall be on the bulletin board nearest the District Manager’s Office on the bulletin board nearest the Poster 71….
The jury verdict shall be posted within thirty-five (35) days of the Final Order and Judgment, and shall remain posted for a period of sixty (60) days. Upon appeal, either party may seek a stay of this order.
Accompanying the postings shall be the following: As a result of this verdict, supplemental training will be given in 2008 to Postal Service managers pursuant to a court order entered on December 19, 2007.
December 28th, 2007 at 2:15 pm
Typical PO actions. No MANAGERS are punished, demoted or suspended, just “no no boys, play nice.” When will a MANGER ever be puniched?
December 29th, 2007 at 3:51 am
When will a MANGER ever be puniched? Probably about the same time as you learn to spell. MANGER? Puniched?
December 29th, 2007 at 12:15 pm
Jack, you are such a dipshit. Do you really get pleasure out of reading and correcting peoples comments. Get a life.
January 1st, 2008 at 5:48 pm
All the Supervisors found guilty of disability discrimination and EEO reprisal in my EEO case, have subsequently all been promoted since.
“The worse you act, the higher you go” is the motto for the managers of the Postal Service.
January 2nd, 2008 at 7:15 am
Mike-you’ve got that right!
February 12th, 2008 at 3:45 am
I also agree with Mike….
February 13th, 2008 at 10:57 am
I wish we all had some place where we could report our hostile work environments to. It has become so nasty in our office. The PM was in the break room the other day writing down names of people eating lunch! Help us please!!! Who do you call???? Even if they moved our supervision up, atleast we would be rid of them!!
February 25th, 2008 at 3:51 pm
Why don’t you all just quit if your job is so bad? Probably can’t find a job anywhere else. Overpaid paperboys. Get Wise and Privatize!!!!!
March 10th, 2008 at 3:46 pm
and you wonder why management are afraid of employees and each other . nobody hate the job just the bullies. if you run from them they will chase you. divide and conquer.
April 9th, 2008 at 8:28 am
Post Office Promotes Hostility and Violence
23. March 2008 by Steve Topel.
I retired from the Post Office in Baltimore Md. in November of 2007. I worked there 22 years and was a Supervisor of clerks and mail carriers for 20 years.
The Post Office’s Management style never changed in 22 years. When I started working at the Post Office it was in the middle of some of the most horrific massacres and violence in Postal and Corporate history. The term “Going Postal ” was coined during this period. Why does the Post Office feel that like war, casualties are a part of doing Post Office Business and although unfortunate, necessary to complete our mission.
Is this insanity at the helm of our Postal ship or a well thought out reasonable approach to keeping the Post Office in the black? I say insanity. We are talking about mail. Bills,checks,advertisements,magazines and parcels. How and when did these 5 postal services become more important then human life.
The Post Office in Baltimore daily manages through fear and intimidation. Upper Manager’s reward supervisor’s and unit Manager’s who give out the most discipline and incur the most grievances from angry, fed-up employees. Much of the time so few employees want the thankless job of supervisor that many get promoted who were difficult and unreliable as craft employees. These people have no Management skills and are put in charge of dozens of people. They buy into stressing out the employees to get maximum results, which is achieving numerical goals that allows upper management to get large yearly bonuses and bragging rights as a top District.
This has to change. People are too vital to the Post Office to be regarded as casualties of war when violence strikes. This Postal cover-up has to be exposed and extinguished. How has it been able to go on this long? Why do we need to have another massacre before this issue is resolved?
As a Postal employee for 22 years I needed guidance several times when legal employment issues surfaced. For the last 8 years through the help of PrePaid Legal and attorney’s Weinstock,Friedman and Friedman and Stephen Lebow I was able to have legal counsel without excessive cost.