USPS fails to make counseling program available to minority workers, class action claims

USPS class action lawsuit overview:

• Who: Plaintiff Adrianne Clayton sued the United States Postal Service.
• Why: The USPS allegedly discriminates against minority workers by failing to make a counseling program available to postal police officers, who are predominantly Black and Hispanic.
• Where: The USPS lawsuit was filed in California federal court.

The United States Postal Service discriminates against minority employees by failing to provide postal police officers with access to an anonymous counseling program, according to a USPS class action lawsuit filed Jan. 27 in California federal court.

Plaintiff Adrianne Clayton is a postal police officer with the USPS. In 2007, she says, she was involved in a near-fatal traffic accident while on duty and suffered significant physical injuries and developed post-traumatic stress disorder as a result.

Clayton’s physical and psychological injuries have left her unable to return to work, the USPS lawsuit says. Although she has been receiving physical therapy and psychological counseling, she says she and all other postal police officers are denied access to the USPS Self-Referral Counseling Program (SRCP).

The SRCP provides USPS inspectors with up to 20 free counseling sessions with licensed psychologists who have experience working with law enforcement personnel, the USPS lawsuit explains.

“Inspectors are able to ‘self-refer’ to the [SRCP] and unless they tell someone that they are receiving counseling, no one knows, not even their work colleagues,” Clayton alleges.

The majority of postal police officers are Black or Hispanic, the USPS counseling lawsuit says. By failing to allow postal police officers to access the SRCP, Clayton claims the USPS is discriminating against minority employees.

Unequal access to USPS counseling violates Civil Rights Act, lawsuit alleges

Postal police officers can use the employee assistance program, through which they “basically have access to social workers,” according to the USPS class action lawsuit. 

“Given the kinds of problems affecting inspectors and PPOs, there can be no dispute that licensed psychologists with law enforcement experience are more effective,” the USPS counseling lawsuit says.

To obtain treatment at a level equal to the services provided through the SRCP, postal police officers must conduct their own search for qualified providers and seek treatment through their own insurance, Clayton says. Her lawsuit alleges that this unequal access means USPS is violating Title VII of the Civil Rights Act of 1964.

Clayton filed the collective action USPS lawsuit on behalf of all current and former non-white postal police officers employed by the USPS since March 24, 2008.

Another USPS lawsuit alleged alleged its Internet Covert Operations Program (iCOP), which uses technology such as facial recognition to collect information for its law enforcement unit, violates federal privacy laws.

Do you think access to the anonymous USPS counseling program discriminates against minority employees? Join the discussion in the comments.

Clayton is represented by Daniel A. Osborn of Osborn Law PC.

The USPS counseling class action is Adrianne Clayton v. Louis DeJoy, Case No. 2:24-cv-00759, in the U.S. District Court for the Central District of California.

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