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Judge finds a disabled veteran's claim true

05:55 PM EDT on Tuesday, August 19, 2008

By RAD BERKY / NewsChannel 36
E-mail Rad: RBerky@WCNC.com




Postal worker's claims upheld

CHARLOTTE, N.C. -- A small victory -- that's how one veteran sees his award from the U.S. Postal Service. A judge agreed a supervisor retaliated against him after he alleged discrimination. This updates an investigation about complaints at the Interstate 85 postal plant.

The decision was handed down by an Equal Employment Opportunity Commission judge. It confirms what one disabled veteran told the WCNC Investigators nine months ago.

Veteran Michael Anthony Smith was one of several veterans we talked to that claimed veterans' jobs and veterans' promotions were being given to less qualified non-veterans, a claim the post office denies.

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"Because we are disabled veterans, we're being chastised and made to suffer," Smith said.

Enola Rice, USPS spokesperson, said, "It's not true. There's nothing to prove."

The judge does not weigh in on whether or not accusations of race or veterans status are true, but does agree that after Smith formally made those complaints, he was retaliated against at the hands of his supervisor. The EEOC judge concluded Smith was "being constantly watched" and his supervisor directed other workers to "babysit" Smith.

"They will try to manipulate it where you will have harder work to do," said Smith.

In response to the ruling, the post office e-mailed us a statement saying, "We are disappointed in the finding of the case."

The judge recommended the manager who retaliated against Smith be suspended for 15 days. Smith was also awarded $10,000 for attorneys fees and costs.