USPS Retaliated Against Worker Who Filed Injury Report, Court Rules

USPS Retaliated Against Worker Who Filed Injury Report, Court Rules

The employee, who had told supervisors about the injury “and applied for workers’ compensation benefits” in 2019, was fired.

A federal court determined that a U.S. Postal Service (USPS) employee who had filed an injury report in 2019 was “wrongfully fired,” OSHA announced.

According to a news release, the employee, who was still in the new hire probation phase, told supervisors about the injury “and applied for workers’ compensation benefits.” Before the employee was fired, performance evaluations had been put on hold, OSHA—which conducted an investigation—later learned.

Following a lawsuit filed by the U.S. Department of Labor Office of the Solicitor in 2022, the U.S. District Court for the Western District of Washington, which published a summary judgment, decided in May 2023 that “the USPS did retaliate against the employee.” The mail company is required to rid the employee’s record of “any negative reference to the employee’s protected activity and termination,” OSHA said. (Other asks from the lawsuit such as lost wages as well as reinstatement will be addressed late next month.)

“The summary judgment we have obtained is an important step toward fully protecting the rights of an employee terminated wrongfully for reporting a workplace injury and signals to other postal workers that they should not fear retaliation when exercising their rights,” said Regional Solicitor of Labor Marc Pilotin in San Francisco in the news release.

Under a permanent injunction from the court, Tacoma USPS facilities must educate probationary employees on one of these rights—the right to report injuries without worrying about any negative consequences—per OSHA. If these workers report an injury, the facilities are also required to provide “an equal opportunity to complete probation.”

In addition to these actions, Tacoma USPS facilities must “train all officers, supervisors and employees on federal anti-retaliation regulations.”

Photo credit: Sundry Photography / Shutterstock.com

About the Author

Alex Saurman is the Content Editor for Occupational Health & Safety.


Industrial Hygiene Product Showcase

  • M-Power Defense System™ Impact 3 Glove

    M-Power Defense System™ Impact 3 Glove

    Sacrifice Nothing: Experience next level impact protection with the M-Power Defense System™ from Magid. Heavy-duty back-of-hand protection with a unique ventilated honeycomb design that offers extreme protection with 9 times more airflow and maximum flexibility. Try the unbeatable combination of lightweight Impact 3 protection and amplified grip! You can have it all. Try it FREE! 3

  • BAND V2

    BAND V2

    SlateSafety’s BAND V2 is the most rugged, easy-to-use connected safety wearable to help prevent heat stress incidents in the workplace. No additional hardware is needed to monitor large teams performing tough jobs across vast worksites. This physiological monitor worn on the upper-arm measures biometric data and sends real-time safety alerts when customized thresholds are met. BAND V2 includes a wide range of functionality such as worker physiological monitoring, real-time location status, automated work/rest cycles and more. Organizations can keep larger workforces safe with real-time, secure and transparent data. Stop by booth #408 at AIHce for a live demonstration! 3

  • Ventis® Pro5

    Ventis® Pro5

    The Ventis Pro5 is the most flexible connected gas monitor on the market, giving you the power to protect workers from up to five gases, manage worker safety from remote locations, and simplify team communication to take the guesswork out of gas detection. It automatically shares real-time gas readings, man-down, and panic alarms between peers – meaning the entire team knows who is in danger and why. By sharing real-time data, workers can also maintain continuous communication without the need for additional infrastructure or devices. Visit us at AIHce booth #927 to learn more! 3

Featured

Webinars