Correction – Moresi was still employed by USPS during the cited years, so she was paid the difference between 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. 

Background

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 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 follows:
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 to $54,098;
c. Effective January 7, 2007, Plaintiff’s salary shall be increased to $55,720;
d. Effective January 5, 2008, Plaintiff’s salary shall be increased to $57,670;
e. Effective January 17, 2009, Plaintiff’s salary shall be increased to $59,688
f. Effective January 16, 2010, Plaintiff’s salary shall be increased to $61,777;
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 =$405,439 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.

Total: $470,439

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.

Total: $577,139

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 and control.

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 reason hereafter