Court Issues USPS Whistleblower Injunction

The U.S. Department of Labor has obtained a landmark federal court injunction to protect employers who report workplace injuries from employer retaliation. 

The consent judgment from the U.S. District Court for the Western District of Washington follows an OSHA investigation into the U.S. Postal Service.

The investigation found USPS violated a provision in the Occupational Safety and Health Act protecting employees against retaliation for reporting workplace injuries.

OSHA concluded the USPS improperly fired three probationary workers in East Vancouver, Seattle, and Tacoma after they reported workplace injuries.

The July 3 judgment includes an injunction permanently preventing the USPS from retaliating against employees in Washington state.

“By issuing the broadest permanent anti-retaliation injunction to date, the U.S. District Court has recognized the U.S. Postal Service’s pattern of ignoring its own policies and unlawfully firing probationary workers who report injuries,” said Regional Solicitor of Labor Marc Pilotin.

Court Requirements

The judgment also required the USPS to pay $183,732 in lost wages, interest, and damages to the three unlawfully fired employees.

The court’s order requires the USPS to:

• Provide probationary employees who report workplace injuries equal opportunity to pass probation
• Supply probationary employees who report workplace injury information needed to file a worker’s compensation claim during their orientation
• Have a human resource or labor relations officer review all proposed terminations of probationary employees who reported a workplace injury
• Provide workers with a specific notice and training related to employees’ rights to report work-related injuries 

Since 2020, the Department of Labor has sued USPS to protect probationary employees in California, Oregon, Pennsylvania, and Washington who they said faced similar retaliation after reporting injuries.

“This landmark injunction sends a clear signal to employers,” said Pilotini. “Retaliation—in any form—against employees who report workplace injuries will not be tolerated.”