August 12, 2010
Passman & Kaplan Wins Sexual Harassment/Wrongful Discharge Case; Fired Employee Reinstated
In EEOC No. 570-2009-00031X, Passman & Kaplan defeated the Department of the Treasury (Agency) at the Equal Employment Opportunity Commission (EEOC), Washington Field Office. Agency management had subjected the employee to sexual harassment, and then terminated the employee right before the end of the employee's probationary period. After a four-day hearing, the EEOC Administrative Judge found unlawful sexual harassment and wrongful discharge in violation of Title VII of the Civil Rights Act of 1964. The Agency was ordered to reinstate the employee with make-whole relief, including several years of back pay, almost $100,000 in compensatory damages, and reimbursement of attorneys' fees and costs. The Treasury Department accepted the Judge's findings without appeal.
July 12-15, 2010
Passman & Kaplan Founding Principal Joseph V. Kaplan To Lecture at the EEOC's "EXCEL" Conference in July 2010.
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 July 12-15, 2010, in Orlando, 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 the workshops "Proving or Avoiding Compensatory Damages" and "Effective Settlement Techniques and Drafting Enforceable Settlements." For more information, check out the EEOC's web page for the EXCEL Conference: http://www.eeotraining.eeoc.gov/viewpage.aspx?ID=459b240c-f46a-4bbf-ba89-1c5d3aba6d9c.
Passman & Kaplan Principals Joseph Kaplan and Sandra Mazliah to Speak at National Employment Lawyers Association Convention June 24-26, 2010
Passman & Kaplan principals Joseph V. Kaplan and Sandra Mazliah have been invited to speak at the 21st Annual convention of the National Employment Lawyers Association (NELA) June 24-26, 2010, in Washington, DC. Mr. Kaplan will be presenting a workshop on "Strategies for Creatively Achieving Settlements in Federal Employee Cases." Ms. Mazliah will be presenting a workshop on "Strategies & Remedies for Dealing with Federal Employee Injuries and Disabilities." The 21st NELA convention is expected to be the largest gathering of plainitffs' employment lawyers ever held.
May 17, 2010
Passman & Kaplan, PC Welcomes Daniel T. Raposa as New Associate
Passman & Kaplan, PC is pleased to announce that Daniel T. Raposa has become an associate of the firm. Mr. Raposa received his law degree from American University’s Washington College of Law in 2008, and clerked for Judge Michael D. Mason of the Montgomery County, Maryland Circuit Court. Prior to coming to P&K, Mr. Raposa represented federal employees as an associate at Tully Rinckey, PLLC. Mr. Raposa is an active member of the District of Columbia bar.
May 17, 2010
Passman & Kaplan, PC Welcomes Johnathan P. Lloyd as New Associate
Passman & Kaplan, PC is pleased to announce that Johnathan P. Lloyd has become an associate of the firm. Mr. Lloyd received his law degree from the Georgetown University Law Center in 2009, and was admitted to the Virginia Bar in April 2010. Mr. Lloyd has served as a law clerk at Passman & Kaplan since January 2008, assisting P&K attorneys in defending and advancing the rights of employees.
April 29, 2010
Founding Principal Joseph V. Kaplan to be Featured Speaker at SFLERP NY/NJ Chapter Spring Conference in New York City on May 25, 2010
P&K Founding Principal Joe Kaplan will be the featured speaker at the Spring Conference sponsored by the New York / New Jersey Chapter of the Society of Federal and Labor Relations professionals, to be held in New York City on May 25, 2010. Mr. Kaplan’s remarks will be entitled, “How To Keep Work Place Ant Hills From Becoming Work Place Mountains.”
The relevant information, put out by SFLERP, is as follows:
Date: Tuesday, May 25, 2010
Time: 9:00 am to 3:00 p.m.
Place: 290 Broadway, 30th Flr., NYC (Two blocks N. of Chambers St.)
“Keeping Work Place Ant Hills from Becoming Work Place Mountains” Plenary Speaker: Joseph V. Kaplan, Esq. Passman & Kaplan P.C., Wash. D.C.
Learn about:
• Conflict management tips for managers and employees
• President Obama’s Ex Order for labor management councils
• Change in FLRA under the Obama Administration
• Coaching for managers and employees
• Congressional trends under the Obama Administration
Workshop leaders:
• Mathew Biggs, Assistant to President/ Legislative Director, IFPTE
• Hon. Julie Clark, General Counsel, FLRA
• Anthony Falconeri, Labor & Employee Relations E.P.A.
• Edward Guster III, President, AFGE Local 3811 E.P.A
• Dr. Mallary Tytel, President Healthy Workplaces
• Diane Deptula, Chief HR Army Corps Engineers
• Franco DiCroce, Vice President, IFPTE Local 98 USACE
Continental breakfast (8:30 a.m.) and lunch will be served. Cost: $25.00 for SFLERP members, $30.00 non-members and $20.00 for four or more from same agency. Make checks out to “SFLERP” and mail by May 19th to: Stan Nuremburg, 353 Amsterdam Avenue # 3-S, NYC, NY 10024. Contact: Timothy Germany at: tgermany@fmcs.gov or (516) 944-5137 for any additional information.
April 2010
Washington DC Super Lawyers Magazine Again Names P&K Founding Principals Edward H. Passman and Joseph V. Kaplan on its list of "Super Lawyers" for 2009 in Employment and Labor Law
Washington DC Super Lawyer Magazine has again named Passman & Kaplan Founding Principals Edward H. Passman and Joseph V. Kaplan among its list of "Super Lawyers" in the field of Employment and Labor Law for 2009. 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 yet again," Mr. Passman said. Mr. Kaplan, who had previously been named as a Super Lawyer in 2008 and 2009, stated that "being named three years in a row was the highest praise."
April 9, 2010
Associate’s Journey to Passman & Kaplan Featured in Washington Post Magazine
The story of associate Amy L. Beckett’s return to legal practice after leaving the workforce to raise her family—a journey that ultimately, and happily, led her to Passman & Kaplan, PC—was featured in the April 4, 2010 edition of Washington Post Magazine. Ms. Beckett was interviewed by National Public Radio regarding her story, which also appeared in the online edition of the ABA Journal.
July 27-30, 2009
Passman & Kaplan Founding Principal Joseph V. Kaplan To Lecture at the EEOC's "EXCEL" Conference in July 2009 and the workshop "Drafting Enforceable Settlement Agreements
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 July 27-30, 2009, in New Orleans, 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 the workshop "Examining Witnesses for Results."
July 15, 2009
P&K Founding Principal Joseph V. Kaplan appointed to the adjunct faculty of American University
P&K Founding Principal Joseph V. Kaplan has been appointed to the adjunct faculty of American University in Washington, DC at the rank of Lecturer beginning Summer 2009. Mr. Kaplan will be teaching in the University's Key Executive Leadership Certificate Program, which is a part of AU's School of Public Affairs. Mr. Kaplan will primarily lecture on issues related to constitutional law, administrative law, and privacy and whistleblower protection.
July 6, 2009
Passman & Kaplan, PC Welcomes Amy L. Beckett as New Associate
Passman & Kaplan, PC is pleased to announce that Amy L. Beckett has become an associate of the firm. Ms. Beckett, who received her law degree from the New York University, began practicing law in Chicago where, among other things, she practiced in the areas of labor, union democracy and discrimination law. Immediately prior to coming to P&K, Ms. Beckett practiced as a research and writing specialist assisting DC and Maryland employment lawyers focusing on federal employee labor and employment issues. Ms. Beckett is an active member of the District of Columbia and Maryland bars.
April 14, 2009
Founding Principal Edward H. Passman Co-Authors an Article on Recommended Changes to EEOC Federal Sector Law, Regulations, and Procedures.
An article co-written by Passman & Kaplan's Edward H. Passman was published by the Bureau of National Affairs, Inc. (BNA), a prominent trade publisher, in two of its federal employment law journals. "Recommended Changes to EEOC Federal Sector Law, Regulations, and Procedures" suggests changes to improve the EEOC's federal sector process, which the new administration has promised to make a priority. The suggested changes include, among others, transferring the investigative function from the agencies to the EEOC, making alternative dispute resolution mandatory, and assigning cases to litigation tracks. BNA published the article in its April 14, 2009, edition of Government Employee Relations, and in its April 15, 2009, edition of Employment Discrimination. A copy of " Recommended Changes to EEOC Federal Sector Law, Regulations, and Procedures" is also available by clicking here.
March 23, 2009
Washington DC Super Lawyers Magazine Names P&K Founding Principals Edward H. Passman and Joseph V. Kaplan on its list of "Super Lawyers" for 2009 in Employment and Labor Law
Washington DC Super Lawyer Magazine has named Passman & Kaplan Founding Principals Edward H. Passman and Joseph V. Kaplan among its list of "Super Lawyers" in the field of Employment and Labor Law for 2009. 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. Passman said. Mr. Kaplan, who had previously been named as a Super Lawyer in 2008, stated that "being named two years in a row was the highest praise."
To see the listing, click here.
January 27, 2009
New Law Strengthens Employee Protections Against Pay Discrimination
On January 27, 2009,, President Obama Signed the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), restoring major protection to employees suffering from pay discrimination. The new law reversed the Supreme Court's decision in Ledbetter v. Goodyear Tire and Rubber Co., 550 U.S. 618 (2007). Ledbetter had barred employees from filing claims of pay discrimination unless the employer had made an intentionally discriminatory pay-setting decision within the relevant filing deadlines (180 or 300 days for private sector and state/local government employees, depending on the state; 45 days for federal employees). The new law reversed this requirement, and allows employees to challenge pay discrimination so long as the employee has received a discriminatorily-reduced paycheck with the applicable filing deadline. As a result, employees who might only have learned about discriminatory disparities in pay long after the pay-setting decision had occurred may now potentially be able to seek a remedy through the EEO process. The new law extends this employee protection to discrimination on the bases of sex, race, color, national origin, religion, age, disability and reprisal for prior protected EEO activity. Further, the new statute is retroactive, restoring the claims of employees dating back to the date of Ledbetter decision which had previously been barred by the Supreme Court's decision. A copy of the Lilly Ledbetter Fair Pay Act of 2009 can be found here.
If you believe that you may have been the victim of pay discrimination on the bases of sex, race, color, national origin, religion, age, disability and reprisal for prior protected EEO activity, contact Passman & Kaplan, P.C., Attorneys at Law, in Washington, D.C."
Passman & Kaplan Wins Major Reversal in Discrimination and Reprisal Case
In OFO Appeal No. 0120073300, decided on December 18, 2009, the U.S. Equal Employment Opportunity Commission (EEOC), Office of Federal Operations, overturned an administrative judge's decision finding that a federal employee had not presented sufficient evidence of discrimination, and dismissing the case without a hearing. The employee claimed that he had suffered harassment by his employing agency based on his race, sex, and color, and in reprisal for reporting this poor treatment. On appeal, the EEOC found that not only had the judge below erred in granting a decision without a hearing, but also that the employee had presented direct evidence of discrimination. The EEOC ordered that the case proceed to a hearing where the agency will now have to meet a much higher standard to show that its actions were not discriminatory.
December 19, 2008
Principals Joseph Kaplan and Sandra Mazliah Meet With Obama Transition Team
On December 19, 2008, Passman & Kaplan founding principal Joe Kaplan and principal Sandra Mazliah met with the Obama Transition Team as one-half of the delegation representing the National Employment Lawyers Association to discuss issues about the U.S. Equal Employment Opportunity Commission (EEOC). (Ms. Mazliah also serves as co-chair of NELA's Federal Employee Rights Committee). Kaplan and Mazliah presented NELA's views concerning needed improvements in the processing of federal-sector discrimination cases and offered suggestions to enhance the rights of federal employees. A copy of the summary submitted by NELA to the Obama Transition can be viewed by clicking here.
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
June 13, 2008
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.
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.
