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Protecting Workers Rights Focusing on the Rights of Federal Employees

Attorney Profiles

Joseph V. Kaplan 
Washington, District of Columbia
Managing Partner
Founding Principal
phone (202) 789-0100
fax (202) 789-0101
email

JOSEPH V. KAPLAN, a founding principal in the firm, received his undergraduate degree from the Pennsylvania State University in 1975, and his Juris Doctor in 1978 from Gonzaga University. In 1979, Mr. Kaplan received a Master of Laws, LL.M. from the George Washington University National Law Center, specializing in Labor and Employment Law.

Mr. Kaplan's first position was with the National Treasury Employees Union (NTEU), where he was involved in labor litigation and negotiations. In 1986, Mr. Kaplan entered the private practice of law, concentrating in labor and employment law, as an associate with the firm of Passman & Broida. In January 1989, Mr. Kaplan opened his own legal practice under the name of Joseph V. Kaplan, P.C. By the end of that year, Messrs. Passman and Kaplan agreed to merge their firms under the name of Passman & Kaplan, P.C.

Mr. Kaplan continues to concentrate his practice in the areas of employment, labor, and discrimination law. While primarily representing Federal and D.C. Government employees and labor unions of the Federal and District of Columbia Governments, he also represents private sector employees. Mr. Kaplan's practice involves litigation in  the U.S. Courts of Appeals, the U.S. District Courts, the U.S. Court of Federal Claims, the D.C. Court of Appeals and the D.C. Superior Court, and such administrative agencies as the U.S. Merit Systems Protection Board (MSPB), the Federal Labor Relations Authority (FLRA), the U.S. Equal Employment Opportunity Commission (EEOC), the Defense Office of Hearings and Appeals (DOHA), the Federal Mediation and Conciliation Service (FMCS), the Federal Service Impasses Panel (FSIP), the D.C. Human Rights Commission (DCHRC), the D.C. Office of Employee Appeals (OEA), and numerous arbitrators. In 2005, Mr. Kaplan obtained a jury verdict of $3M for a P&K client in a disability rights law suit against the U.S. Department of Commerce.

In addition to practicing law, Mr. Kaplan is a frequent lecturer at professional seminars concerning various labor and employment law topics.

Mr. Kaplan also served on the faculty of Central Michigan University, where he taught a graduate economics course on Collective Bargaining and Labor Law. He was twice elected as the National President of the Society of Federal Labor and Employee Relations Professionals (SFLERP) and is active in various professional organizations, such as the National Employment Lawyers Association (NELA) and the Washington Metropolitan Employment Lawyers Association (MWELA). Mr. Kaplan has written a number of published articles concerning federal labor relations, and for six years was the author of the Federal Merit Systems Year Book, a leading reference book on the Merit Systems Protection Board, published by the Labor Relations Press. Moreover, Mr. Kaplan is the lead editor and co-author of the Federal Employees Legal Survival Guide, and is co-author of Litigating Federal Sector Employee and Labor Disputes: A Practitioner's Handbook by Dewey Publications. Mr. Kaplan has also served as a court-certified expert witness on MSPB procedures in U.S. District Court.  In 2008 he was selected to be a Fellow of The College of Labor and Employment Lawyers, Inc.

Mr. Kaplan is an active member of the bars of the District of Columbia and the State of Maryland.

Areas of Practice:
U.S. Merit Systems Protection Board
U.S. Equal Employment Opportunity Commission
Federal Courts
Federal Labor Relations Authority
Department of Defense Office of Hearings and Appeals
U.S. Office of Special Counsel
Litigation Percentage:
100% of Practice Devoted to Litigation
Bar Admissions:
District of Columbia, 1981
Pennsylvania, 1978
Maryland, 1992
U.S. District Court District of Maryland, 1992
U.S. District Court Eastern District of Pennsylvania, 1979
U.S. District Court of the District of Columbia, 1981
U.S. Court of Appeals District of Columbia Circuit, 1980
U.S. Court of Appeals Federal Circuit, 1980
U.S. Court of Appeals 4th Circuit, 1993
U.S. Court of Appeals 11th Circuit, 1996
U.S. Supreme Court, 1997
Education:
George Washington University National Law Center, Washington, District of Columbia, 1979
LL.M.
Major:  Labor Law


Gonzaga University School of Law, Spokane, Washington, 1978
J.D.
Honors: Cum Laude
Law Review: Gonzaga University Law Review, 1976 - 1978


Pennsylvania State University, State College, Pennsylvania, 1975
B.A.
Honors: President - Academic Assembly
Honors: President - Liberal Arts Student Council
Honors: President - Student Government Association (Abington Campus)
Major:  Political Science


Published Works:
Federal Employees Legal Survival Guide, 2d Ed Work Place Fairness, 2004


Litigating Federal Sector Employment and Labor Disputes: A Practitioners Hand Book, Dewey Publications, Inc., 2002


Federal Merit Systems Yearbook, Labor Relations Press, 1998


Federal Merit Systems Yearbook, Labor Relations Press, 1997


Federal Merit Systems Yearbook, Labor Relations Press, 1996


Federal Merit Systems Yearbook, Labor Relations Press, 1995


Federal Merit Systems Yearbook, Labor Relations Press, 1994


Reckless Disregard: Intentional And Willful Violations Of The Privacy Act's Investigatory Requirements, The Federal Lawyer Magazine, May, 1997


Union Representation in Criminal & Admin. Investigatory Process Federal Service Labor Relations Review, Vol. 5, No. 2, 1983


Representative Cases:
Bremer v. Evans, 1:03-CV-01338 (JR) (D.D.C. 2005)
Dong v. Smithsonian Institution, 943 F.Supp 69 (D.D.C. 1996)
Representative Clients:
National Labor Relations Board Union
National Labor Relations Board Professional Association
Fraternal Order of Police, National Labor Council #2
Fraternal Order of Police Government Printing Office
Various AFGE Locals
Classes/Seminars Taught:
"Reprisal Protections for Federal Employees", National Employment Lawyers Association, Chicago, October 16, 2008


"Examination of Witness at Hearing", EEOC EXCEL Conference, August 20, 2008


"How to Avoid Being Named in an EEO Complaint", EEOC EXCEL Conference, August 19, 2008


"Drafting an Ironclad Settlement Agreement", EEOC EXCEL Conference, August 19, 2008


"Advanced EEOC Case Processing in a Nutshell", EEOC EXCEL Conference, August 18, 2008


Litigating Before an Administrative Judge: The Hearing and Pre-Hearing Process, EEOC Training Institute, Washington Field Office, June 17, 2008


Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals National Symposium, April 24, 2008


Arbitration Advocacy, National Labor Relations Board Union Convention, October 5, 2007


Common Federal Sector Employment Issues, National Labor Relations Board Union Convention, October 5, 2007


"Mediation of Collective Bargaining Negotiations", DC Bar, Labor and Employment Law Section, September 17, 2007


Drafting Settlement Agreements, EEOC Excel Conference, August 14, 2007


"Competitive Negotiation Techniques", EEOC Excel Conference, August 14, 2007


Examination of Witnesses, EEOC Excel Conference, August 15, 2007


"Forum for EEO, HR, and General Managers", EEOC Excel Conference, August 15, 2007


Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals Hampton Roads Chapter Training Symposium, December 7, 2006


"Negotiation Styles and Tactics", EEOC Excel Conference, July 25, 2006


Examination of Witnesses, EEOC Excel Conference, July 26, 2006


Structured Settlements in Employment Cases, NELA: Annual Conference, June 24, 2006


Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals 33rd Annual Symposium, May 12, 2006


First Amendment Rights of Government Employees, Georgetown University Law School 24th Annual Employment Law and Litigation Institute Legal Trends and Practice Strategies, April 6, 2006


Setting the Stage and Closing the Deal: Opening and Closing Statements, NELA: Accommodating Disabilities and Family and Medical Leaves, March 10, 2006


Challenges and Ethics of Managing Client Needs, Expectations, and Emotions, MWELA Annual Conference, March 3, 2006


Intake Essentials of a Privacy Act Claim, MWELA Annual Conference, March 3, 2006


Basic EEO Case Processing, NLRBU Convention, October 7, 2005


Advanced EEO Case Processing, NLRBU Convention, October 7, 2005


Common Federal Employment Issues You Need to Know, NLRBU Convention, October 7, 2005


Impasse Resolution at the FSIP, NLRBU Convention, October 7, 2005


"Negotiating & Drafting a Good Settlement Agreement, EEOC Excel Conference, August 22, 2005


Examination of Witnesses, EEOC Excel Conference, August 24, 2005


Settlement Strategies and Techniques, Society of Federal Labor and Employee Relations Professionals Symposium, May 12, 2005


Georgetown University Law School 23rd Annual Employment Law and Litigation Institute, Security Clearance Review Process, April 21, 2005


MSPB Case Update, NELA: Everything You Need to Know About Representing Federal Employees, October 1, 2004


Settlement Techniques, EEOC Excel Conference, August 30, 2004


Supervisor's Session: How Good Managers Go Bad Avoiding the Pitfalls of Retaliation, EEOC Excel Conference, August 31, 2004


"Federal Sector: Mixed Cases and Election of Remedies, Georgetown University Law School 22nd Annual Employment Law and Litigation Institute, April 15, 2004


Federal Sector Arbitration: An Overview, Federal Training Foundation Winning Arbitration Advocacy, February 6, 2004


Mixed Cases & Election of Remedies in Federal-Sector Cases, Federal Training Foundation Winning Arbitration Advocacy, February 26, 2004


Further Reforms Needed?, Federal Training Foundation EEOC: The Changing Landscape, October 13, 2003


Religious and National Origin Discrimination, the Claim du jour, Federal Training Foundation EEOC: The Changing Landscape, October 13, 2003


Arbitration Training, NLRB Union, October 10, 2003


Compensatory Damages, EEOC Excel Conference, August 6, 2003


Drafting a Good Settlement Agreement, EEOC Excel Conference, August 26, 2003


Oral and Written Replies, Federal Training Foundation, 2003


Discrimination as an Affirmative Defense, Federal Training Foundation Adverse Actions, June 27, 2003


The Defense du jour: Stone, Mesberger, and Due Process, Federal Training Foundation Adverse Actions, June 26, 2003


A Guide on How to Avoid Being Named an RMO, Federal Training Foundation How to Handle EEO Complaints, June 6, 2003


Analyzing & Working the Performance Appraisal Complaint, Federal Training Foundation How to Handle EEO Complaints, June 5, 2003


How to Avoid Being Named in an EEO Complaint, Society of Federal Labor and Employee Relations Professionals, May 28, 2003


General Session: A Look at 30 Years of Labor Management Relations, Society of Federal Labor and Employee Relations Professionals 30th Annual Symposium, May 16, 2003


What to Do in Discipline/Adverse Action Cases: How to Avoid Pitfalls; How to Defend Yourself, Society of Federal Labor and Employee Relations Professionals 30th Annual Symposium, May 16, 2003


Safe Harbor Defenses in Non-Sexual Harassment Cases, Federal Training Foundation Annual EEO Symposium, May 2, 2003


The Economics of Running an Employment Practice, MWELA Annual Conference, March 20, 2003


Overview of Medical Issues and Disability Questions, Federal Training Foundation Disabilities, Medical Issues & The Employee in the Federal Workplace, February 27, 2003


Overview of Arbitration, Federal Training Foundation Winning Arbitration Advocacy, January 23, 2003


Review & Enforcement of Awards: Where to Go and On What Basis, Federal Training Foundation Winning Arbitration Advocacy, January 23, 2003 - February 23, 2003


Advising RMO's: How to Avoid Being Named an RMO and What to do When that Happens, Federal Training Foundation Federal Sector EEO Symposium, October 25, 2002


Federal Training Foundation Federal Sector EEO Symposium, The Judge's New Handbook, October 24, 2002


Federal Training Foundation Federal Sector EEO Symposium, Resolving Complex Com Damage Claims and Other Remedy Issues, October 24, 2002


Grievance Processing, Fraternal Order of Police - NLC #2 Convention, 2002


Weingarten Rights, Fraternal Order of Police - NLC #2 Convention, 2002


The Role of the Union Steward, Fraternal Order of Police - NLC #2 Convention, 2002


MSPB Current Developments, The 20th Annual Federal Sector Labor Relations and Labor Law Program, Chicago-Kent College of Law, September 19, 2002


Framing Charges Before the MSPB: Back to Basics, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2002


Retaliation: How Good Managers Go Bad: Avoiding the Pitfalls of Retaliation, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2002


Seeking and Defending Sanctions Before the EEOC, Examining Conflicts in Employment Laws, August 28, 2002


Employee Rights Supervisors and Managers, National Black Coalition of Federal Aviation Employees Annual National Training Conference, August 15, 2002


Employee Rights Non-Supervisors and Non-Managers, National Black Coalition of Federal Aviation Employees Annual National Training Conference, August 14, 2002


Overview & How to Avoid and Prevent EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002


Settlements of EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002


Summary Judgment and Other Dispositive Motions, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002


Advocacy Skills and Techniques for Mediation of EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002


Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Federal Training Foundation Advising and Counseling in the Maze of Civil Service Law, June 20, 2002


How to Avoid Being Named in an EEO Complaint, Federal Training Foundation Advising and Counseling in the Maze of Civil Service Law, June 20, 2002


Federal Sector EEO Program, National Black Coalition of Federal Aviation Employees, June 12, 2002


Advising RMO's: How to Avoid Being Named as an RMO and What to Do When that Happens, Federal Training Foundation Annual EEO Symposium EEOC Review and Update, April 12, 2002


Summary Judgment, Federal Training Foundation Annual EEO Symposium EEOC Review and Update, April 12, 2002


The Art of Settlement, Federal Training Foundation, February 15, 2002


Overview of Federal-Sector Employment Appeals, West Virginia Employment Lawyers Association, February 9, 2002


Compensatory Damages, NAACP Federal Sector Task Force, January 19, 2002


Arbitration Challenges, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001


Overview of Arbitration, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001


Review & Enforcement of Awards: Where to Go and on What Basis, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001


Mixed cases & Election of Remedies in Federal-Sector Cases, State and Personnel Laws in the District of Columbia, November 14, 2002


Federal Sector Nuances, MWELA Attorney Fees Brown Bag, October 18, 2001


2001 Annual Case Update, Society of Federal Labor Relations Professionals, September 14, 2001


How to Avoid Being Named in an EEO Complaint, EEOC 2001 Excel Conference, 2001


"The 'Shifting' Shifting Burdens of Proof in Employment Discrimination Cases", Virginia Bar, June 15, 2002


Mixed Cases & Election of Remedies in Federal-Sector Cases, Society of Federal Labor Relations Professionals, December 7, 2000


Annual Case Update, Society of Federal Labor Relations Professionals 27th Annual Symposium, September 22, 2000


Hot Topics for Federal Sector Advocates, EEOC Excel Conference Examining Conflicts in Employment Laws


Supervisor's Session: How to Avoid Being Named in a Title VII Discrimination Complaint, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2000


Rehabbing the Rehab Act, National Labor Relations Board Union, July 17, 2002


Zealous Advocacy on Behalf of Federal Employees, NELA Annual Convention, June 23, 2000


Rehabbing the Rehab Act, Government Training Institute, May 4, 2000


"Mixed Cases & Election of Remedies in Federal-Sector Cases", Public Sector Committee of the Labor and Employment Law Section, DC Bar, April 27, 2000


"Significant Decisions of the Federal Circuit and the Merit Systems Protection Board", National Employment Lawyers Association Litigating & Winning Federal Employee Rights Cases, April 17, 2000


"Practitioner's Viewpoint", Society of Federal Labor Relations Professionals Arbitration in Federal Sector Labor Relations, April 12, 2000


"The Compensatory Damages Case: Perspectives from a Plaintiff's Representative", Government Training Institute Compensatory and Consequential Damages in Federal Sector Cases, March 22, 2000


"The EEOC's New Regulations for Federal Sector Case Processing, Society of Federal Labor Relations Professionals, March 21, 2000


"Legal Update: What's Going On in Federal Employee Litigation?", National Employment Lawyers Association Litigating & Winning Federal Employee Rights Cases, March 17, 2000


"The EEOC's New Regulations for Federal Sector Case Processing", MWELA Annual Convention, February 25, 2000


"Significant Board and Federal Circuit Decisions- The Practitioner's Perspective", Government Training Institute National Symposium on MSPB Law, Process, and Procedures, September 28, 1999


"1999 Annual Case Update", Society of Federal Labor Relations Professionals, September 17, 1999


"Mixed Cases, Proposed vs. Final Action, Compensatory Damages", Public Administration Forum: Understanding EEO Legal Concepts, July 7, 1999


"Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues", Government Training Institute Legal Rights and Responsibilities of Officials Employee Rights and Agency Representation Obligations, May 12, 1999


"Attorney Fees in Federal Sector Employment Cases", D.C. Bar Labor and Employment Section/MWELA, February 2, 1999


"Attorney Fees", Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 16, 1998


The Year in Review: Reading the Trends, Spotting the Hot Spots, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 15, 1998


"The Ultimate Key to Charge Interpretation", Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 15, 1998


"Attorney Fees", Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 25, 1998


"The Year in Review: Reading the Trends, Spotting the Hot Spots", Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 24, 1998


"The Ultimate Key to Charge Interpretation", Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 24, 1998


"Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, June 12, 1998


"Practitioner's Viewpoint", ociety of Federal Labor Relations Professionals 1998 Arbitration Conference, 1998


MSPB Annual Case Update, Society of Federal Labor Relations Professions SFLRP Symposium, May 19, 1998


"Representing Federal Workers in Employment Disputes: Navigating the Maze", Fairfax Bar Association Semi-Annual Employment Law, February 3, 1998


"Practitioner's Viewpoint", Society of Federal Labor Relations Professionals 1997 Arbitration Conference, 1997


"Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues", Government Training Institute Violence in the Workplace, March 19, 1997


"What Makes a Good Case? A Behavioral and Legal Approach to Working with Problem Employees", Association of Legal Administrators, March 5, 1997 - March 15, 1997


"New Rules for Firm Choice and Reasonable Accommodation", Public Administration Forum MSPB Practitioners Forum, 1996


A Year of Change, Metropolitan Washington Employment Lawyers Association: Practice Before the MSPB 1994, May 10, 1995


Honors and Awards:
"AV" Rated


Washingtonian Magazine - Washington's Best Lawyers, 2004


Professional Associations and Memberships:
National Employment Lawyers Association, 1997 - Present
Member


Metropolitan Washington Employment Lawyers Association, 1997 - Present
Executive Board Member, Former Vice President


Society of Federal Labor and Employee Relations Specialists, 1991 - Present


Society of Federal Labor and Employee Relations Specialists, 1993 - 1995
National President


Society of Federal Labor and Employee Relations Specialists, 1986
National President


Past Employment Positions:
National Treasury Employees Union, Assistant Director of Negotiations, 1981 - 1986


National Treasury Employees Union, National Counsel, 1979 - 1981


Pro Bono Activities:
Hexagon
Musical Theater Center, 1992 - 2006
Whitman-Walker Clinic, 2006 - Present

Passman & Kaplan, P.C., Attorneys at Law

1090 Vermont Avenue NW, Suite 500 | Washington, D.C. 20005-4905 | Tel: 202-789-0100 | Fax: 202-789-0101 | E-mail