Worker Wins over $200,000 In Discrimination/Retaliation Court Case
.Correction - Moresi was still employed by
USPS during the cited years, so she was paid the difference of EAS
19 and EAS 16
On March 9, 2012, in U S District Court, Western District of
Tennessee, Chief Judge Jon McCalla signed an opinion and order
stating that the Defendant, former PMG John Potter, through its
employee Bobby Mays retaliated against plaintiff (Susan L. Moresi)
when it placed her on administrative leave. Accordingly, Ms.
Moresi has established discrimination by Defendant in violation of
Title VII. The Court also found that Defendant retaliated
against Ms. Moresi through its employee Dennis Nott when it demoted
her and reduced her pay.
Susan Moresi alleged that she was discriminated against on the
basis of reprisal for prior protected EEO activity under Title VII
of the Civil Rights Act of 1964 when she was demoted, effective
September 17, 2005, from her position of Contract Transportation
Specialist, EAS-19, with the Southeast Processing and Distribution
Center, to the position of Networks Specialist, EAS-16, with the
Bulk Mail Center in Memphis, Tennessee. The record shows that the
Postal Service had initially proposed to remove Ms. Moresi from her
position based on charges arising out of two incidents that occurred
in June 2005. Specifically, the Postal Service alleged that, on June
10, 2005, Ms. Moresi stepped back in an attempt to make physical
contact with a co-worker she did not get along with, and on June 14,
2005, lowered her shoulder and physically pushed the same co-worker
into the filing cabinets. The Postal Service did not contact the
Postal Inspection Service or the Threat Assessment Team over the
"alleged" assault as per postal policy. Postal management later changed the
proposed removal to a demotion and reassignment to another location.
The District Court ordered the following:
The Plaintiff shall be paid back pay (the
difference of pay in levels) to be calculated by the
Postal Service covering the period beginning September 26, 2005
through April 6, 2012. To determine the amount of back pay the
Postal Service will retroactively adjust the Plaintiff’s salary as
a. Effective September 17, 2005, Plaintiff is restored to her
previous annual salary of $51,156;
b. Effective January 6, 2006, Plaintiff’s salary shall be increased
c. Effective January 7, 2007, Plaintiff’s salary shall be increased
d. Effective January 5, 2008, Plaintiff’s salary shall be increased
e. Effective January 17, 2009, Plaintiff’s salary shall be increased
f. Effective January 16, 2010, Plaintiff’s salary shall be increased
g. Effective January 15, 2011, shall be increased to $65,330 salary.
(The Court notes that no employee in Plaintiff’s pay schedule
received a salary increase in the postal pay year for 2012.)
The Postal Service will determine the net back pay resulting from
these adjustments to salary and shall pay that sum to the Plaintiff
with interest at the federal judgment rate of 00.18%.
Total: Gross =$52,000, plus interest
The Postal Service shall pay to Plaintiff the sum of $42,000.00
for compensatory damages.
The Postal Service shall pay $23,000.00 past pecuniary damages.
The Court GRANTS Plaintiff’s Motion for Court Awarded Attorney’s
Fees and Costs. It is therefore ORDERED that Plaintiff be awarded
$103,997.39 in attorney’s fees and $2,702.61 in costs. USPS did not
oppose the Motion.
Position Placement (Reinstatement) and Salary.
The former function from which Ms. Moresif was demoted, the
Transportation Contracts group then reporting to the former
Southeast Area Office located at 225 N. Humphreys Blvd,Memphis, TN,
has been subsumed under a successor organization known the Southern
Transportation Contract Management Team (CMT), located at the same
address, but now reporting to a different chain of command. The
duties of the position from which Ms. Moresif was demoted, Contract
Transportation Specialist, EAS-level 19, have been subsumed under a
successor position entitled Purchasing Analyst, EAS-level 19.
Accordingly, effective April 7, 2012, Ms. Moresi will be placed into
the Southern Transportation CMT as an EAS-level 19 Purchasing
Analyst with a salary of $68,250.
The Postal Service, to the extent technically feasible, will
expunge or delete from or “hide” from general view within any
electronic personnel folder, electronic disciplinary folder or other
electronic records folder maintained on Plaintiff those records
pertaining to the allegations against Plaintiff that in 2005 she
came into purposeful physical contact with another employee and
received discipline as a result. The Postal Service will likewise
expunge or delete any paper files addressing these allegations and
any consequent discipline. This order does not apply to the
litigation files regarding these matters maintained by the Postal
Service Law Department or to the files reflecting the processing of
administrative EEO complaints brought by Plaintiff with regard to
these allegations. The Court recognizes that official records
maintained by the Merit Systems Protection Board pertaining to
Plaintiff appeal of these matters are not subject to postal custody
Furthermore, the Postal Service shall not adversely consider the
misconduct charges against Plaintiff leading to her demotion, any
consequent disciplinary action, or her utilization of the any
administrative or judicial forum to contest these matters for any