What's New

June 13, 3008

Founding Principal Joseph V. Kaplan Elected as a Fellow to The College of Labor Employment Lawyers

On June 13, 2008, The College of Labor and Employment Lawyers, Inc., announced the election of Passman & Kaplan Founding Principal Joseph V. Kaplan as a newly elected Fellow. According to the College, Election as a Fellow is the "highest recognition by ones colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication and excellence." The College, established in 1995, through an initiative of the the Section of Labor and Employment Law of the American Bar Association, recognizes those why "by long and outstanding service, have distinguished themselves as leaders in the field."

Mr. Kaplan joins fellow P&K Founding Principal Edward H. Passman, who was previously elected as a Fellow to the College in 2004. The induction ceremony will take place on September 13, 2008, in Denver, Colorado.

August 18-21, 2008  

Passman & Kaplan Founding Principal Joseph V. Kaplan To Lecture at the EEOC's "EXCEL" Conference in August 2008

Passman & Kaplan Founding Principal Joseph V. Kaplan has again been invited by the U.S. Equal Employment Opportunity Commission to be a presenter at its annual EXCEL Conference. The EXCEL Conference, to be held August 18 - 21, 2008, in Chicago, has as its target audience federal agency attorneys and labor relations representatives, EEO officials, human resource professionals, union officials and private attorneys. Mr. Kaplan will present for different workshops: "Advanced EEOC Case Processing in a Nutshell;" "How to Avoid Being Named in an EEO Complaint;" "Drafting an Iron Clad Settlement Agreement;" and "Examination of Witnesses."

For more information, check out the EEOC's web page for the EXCEL Conference:  http://www.eeotraining.eeoc.gov/profile/web/index.cfm?PKwebID=0x495c398  

May 22, 2008

Founding Principal Edward H. Passman Wins FLRA Case Upholding Arbitrator's Decision

The Federal Labor Relations Authority (FLRA) recently upheld an arbitrator's decision which found discrimination due to protected union activities and age in U.S. Government Printing Office (GPO) v. International Brotherhood of Electrical Workers (IBEW), Local 121, 62 FLRA No. 80 (May 14, 2008), and awarded the grievant a retroactive promotion with back pay and attorney fees to the union. The FLRA decision is significant because it upheld a rare finding by an arbitrator of anti-union animus in violation of 5 USC 7116(a)(2) and will result in additional attorney fees for successfully opposing the agency's exceptions to the FLRA. The arbitrator noted that the grievant, a union steward, had been denied a promotion for an Electrician Leader position after having filed numerous grievances and EEO complaints and was given a lower performance rating "... to make [the grievant's] candidacy for promotion less viable and to retaliate for his protected challenges to supervisory authority." The arbitrator rejected the agency's asserted legitimate reasons for not selecting the grievant and found them to be pretext for unlawful discrimination as he had served as the acting Electrician Leader in the past without incident.

April 6, 2008

The Washington Post Features P&K Founding Principal Joseph V. Kaplan in an Article About Interviewing for Jobs

On April 6, 2008, the Washington Post Newspaper featured an article about illegal or questionable questions asked by employers at job interviews. The article, entitled "Sitting Across From A Questionable Query," featured P&K Founding Principal Joe Kaplan discussing questions that prospective employers may and may not ask job applicants, as well as practical advice on how to deal with such questions.

The Washington Post article can be accessed by clicking here.

April 1, 2008

Washington DC Super Lawyers Magazine Names P&K Founding Principal Joseph V. Kaplan on its list of "Super Lawyers" for 2008 in Employment and Labor Law

Washington DC Super Lawyer Magazine has named Passman & Kaplan Founding Principal Joseph V. Kaplan among its list of "Super Lawyers" in the field of Employment and Labor Law for 2008. According to the magazine, candidates for selection are evaluated by a panel of peers in their primary area of practice. Candidates are evaluated on 12 factors of peer recognition and professional achievement. "I am honored to be recognized by my peers," Mr. Kaplan said. "That is the highest praise."

To see the listing on line, click here.

March 19, 2008   

Founding Principal Edward H. Passman and Associate Andrew Perlmutter Publish an Article on Federal-sector Attorney Fees Awards

An article written by Passman & Kaplan's Edward H. Passman and Andrew J. Perlmutter was published by the Bureau of National Affairs, Inc. (BNA), a prominent trade publisher, in two of its federal employment law journals. "EEOC Federal Sector Law and 2007 Decisions on Attorneys' Fees and Costs" analyzes the key 2007 decisions of the EEOC's Office of Federal Operations with concerning awards of attorneys' fees and costs to prevailing parties in federal sector EEO discrimination and retaliation proceedings. BNA published the article in its March 18, 2008 edition of Government Employee Relations, and in its March 19, 2008 edition of Employment Discrimination. A copy of "EEOC Federal Sector Law and 2007 Decisions on Attorneys' Fees and Costs" is also available by clicking here.

December 13, 2007
New Bar Memberships for P&K Associates Announced

Passman & Kaplan is pleased to announce that Associate Ricardo Pitts-Wiley was admitted to the Virginia Bar on October 29, 2007 and that Associate Joanna Friedman, who was already a member of the Wisconsin Bar, was admitted to the Maryland Bar on December 11, 2007.

December 5, 2007
Founding Principal Joseph Kaplan's Input Sought on Suggested Changes to EEOC Federal-Sector Discrimination Investigation Process

On December 5, 2007, P&K Founding Principal Joseph Kaplan was among a group of federal-sector EEO professionals invited by EEOC Commissioner Christine Griffin to hear, and react to, some suggestions the EEOC is considering for improving the investigation of EEO complaints by Federal agencies. This meeting follows one held earlier in the year, also chaired by Commissioner Griffin and attended by Mr. Kaplan, in which Commissioner Griffin sought the views of Mr. Kaplan and others as to the problems with the investigation process.

At this recent briefing, among suggested changes to the EEO investigation process discussed were new timeliness requirements for agencies to accept complaints and to assign them to an investigator; requiring investigators to develop investigation plans; and limiting the time deadlines for amending complaints. Also discussed was a potential pilot program for a scheme whereby cases would be prioritized for investigation. Under this scheme, there would be a two-track system. A predetermined list of more serious cases would be guaranteed a hearing; less serious cases would be investigated in a shorter time frame and result in a final agency decision, without a hearing, which would be automatically appealed to the EEOC. In the appeal, the employee could show why a hearing should have been held. Commissioner Griffin stressed that this two-track approach was merely a suggestion at this point, that it would be piloted first, and that no final decision had been made. Also discussed was that to ensure an increase in the quality of the agencies' investigations, the EEOC is considering that all EEO investigators must go through a rigorous training program and be certified as EEO investigators by the EEOC before being permitted to undertake investigations.