Deaf Employees File Class Action Lawsuit Against the United States Postal Service for Civil Rights Violations

From: Washlaw.org - May 15, 2003

FOR IMMEDIATE RELEASE Contact: Noël Decker 202.662.6361 ndecker@cov.com

Deaf Employees File Class Action Lawsuit Against the United States Postal Service for Civil Rights Violations

WASHINGTON, D.C., May 14, 2003 -- This afternoon, five deaf employees of the United States Postal Service (USPS) sued USPS in the United States District Court for the District of Columbia for alleged violation of their civil rights under the Rehabilitation Act of 1973. The lawsuit specifically cites USPS's failure to provide qualified sign language interpreters at work meetings, including meetings that addressed anthrax contamination and other safety concerns. One of the plaintiffs is a longtime employee of the Brentwood postal facility in Washington, D.C. Brentwood has been closed for over a year due to anthrax contamination.

According to the lawsuit, without the assistance of sign language interpreters, it is impossible for deaf postal employees to understand vital safety information that is conveyed to them at work meetings. The anthrax outbreak ? which began in October 2001 and resulted in the deaths of two USPS employees working at the Brentwood postal facility and the closure of the facility due to anthrax contamination -- added urgency to the fight for sign language interpreters.

The lawsuit explains that the Equal Employment Opportunity Commission (EEOC) has issued numerous rulings over the years requiring USPS to provide its deaf employees at specific facilities with qualified sign language interpreters at work meetings as a reasonable accommodation under the Rehabilitation Act. Yet USPS has failed to implement a system that would ensure that deaf employees at all facilities would have the benefit of qualified interpreters at important work meetings.

Covington & Burling has joined forces with James E. McCollum, Jr. & Associates, P.C. and the Washington Lawyers' Committee for Civil Rights and Urban Affairs to bring this lawsuit against USPS.

"USPS has ignored the needs of its deaf workers for too long. Many times I have asked for qualified interpreters at work meetings because I cannot understand what is going on, but my supervisors refuse to get me an interpreter," said plaintiff Bruce Hubbard, who has been employed by USPS for over 30 years, including 15 years at Brentwood. "When the anthrax contamination happened at Brentwood, I was scared because I did not know what was happening. It's sad that we had to file a lawsuit to get USPS to do what is right."

"It is important to understand that the plaintiffs are not seeking money damages from USPS. They do not want to punish USPS," said Covington partner Thomas S. Williamson, Jr., former United States Solicitor of Labor and lead attorney in this lawsuit. "They merely want USPS to live up to its legal obligations and provide them with qualified sign language interpreters at work meetings in order to do their jobs safely and effectively."

"USPS has failed to take seriously the issue of providing sign language interpreters for its deaf workers, said Elaine Gardner, Director of the Disability Rights Project at the Washington Lawyers' Committee for Civil Rights and Urban Affairs. "It is extraordinary that, faced with anthrax contamination and other terrorism concerns, USPS has continued to refuse to provide effective sign language interpreters for its many deaf employees. This lawsuit seeks to remedy USPS's illegal practices and send a message that such discrimination, particularly by a federal government agency, will not be tolerated."

The plaintiffs have requested that the Court remedy these practices by (1) declaring that USPS's practice of failing to provide qualified sign language interpreters for deaf employees during work meetings is unlawful and (2) enjoining USPS from continuing to engage in this discriminatory practice against its deaf employees. Copies of the class action complaint are available upon request. a href="http://www.deaftoday.com/news/archives/Hubbard_class complaint.pdf"http://www.deaftoday.com/news/archives/Hubbard_class complaint.pdf/a