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October 24, 2014

Passman & Kaplan, PC, Wins Enforcement of Breached Settlement Agreement

Passman & Kaplan, PC, successfully sought enforcement by the Equal Employment Opportunity Commission (EEOC) of a breached settlement agreement. In its October 16, 2014, decision in Complainant v. Department of the Air Force, EEOC Appeal No. 0120141465, the EEOC's Office of Federal Operations found that the Agency breached its December 4, 2013, settlement agreement with the complainant, and reversed the Agency's Final Agency Decision (FAD) on the matter. The FAD found a breach of a clause in the settlement agreement which required the complainant's supervisor to obtain authorization before communicating with the complainant's subordinates. However, the FAD failed to address any remedy for the breach. The EEOC agreed with the Agency's finding of breach, but went further to award Complainant reasonable attorney fees and costs related to the appeal and to order that the Agency comply with the settlement agreement and submit a report of compliance to the EEOC. The complainant was represented by P&K founding principal Joseph V. Kaplan and associate Samir Yakhou.

October 20, 2014

Passman & Kaplan Announces 3rd Edition of Federal Employees Legal Survival Guide

Passman & Kaplan announces the October 2014 publication of the 3rd Edition of the Federal Employees Legal Survival Guide. This comprehensive book, first authored by Passman & Kaplan in 1999, and updated in 2004, has been called the definitive how-to guide for enforcing the rights of federal employees. The third edition of the Guide includes about 60 PAGES OF ADDITIONAL NEW MATERIAL and useful advice. New features include information on furloughs, non-critical sensitive positions, personal liability, federal employee special categories, internet research, Genetic Information Nondiscrimination Act (GINA), updated privacy and medical confidentiality and also updated whistleblowers protection. The Guide also includes a listing of frequently used civil service acronyms and practical appendices of sample forms, charts illustrating appeal rights, and commonly-needed deadlines. For more details or to order a copy, go to http://www.passmanandkaplan.com/Federal-Employees-Survival-Guide.shtml.

September 10, 2014
Passman & Kaplan Founding Principal to Present Audio Conference on Reasonable Accommodation

Passman & Kaplan Founding Principal Joseph Kaplan will present an audio conference on reasonable accommodation in the federal workplace on September 17, 2014, at 12 noon. The audio conference, entitled "Make the Right Call: Leave and Telework as Reasonable Accommodations for Federal Employees " is presented by LRP Publications. For more information, check out this link: http://www.federalaudios.com/audiofed_2.html.

September 9, 2014
P&K Associate Andrew Perlmutter Appointed to NELA Committee Position

In August 2014, the National Employment Lawyers Association (NELA) appointed Passman & Kaplan Senior Associate Andrew J. Perlmutter as Chair of the new Rulemaking Committee, under the NELA Federal Employee Rights Practice Group. Mr. Perlmutter currently also serves as the Federal Employee Rights Liaison to the NELA Amicus Advisory Committee.

September 8, 2014
Passman & Kaplan Senior Associate Moderates Panel with OSC Staff

Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on October 6, 2014. The discussion, "Latest Developments at the Office of Special Counsel", is sponsored by the American Bar Association Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For more information, check out the ABA's website.

August 21, 2014
Passman & Kaplan Attorneys to Be Presenters at the NELA Fall Conference, October 17-18, 2014

Passman & Kaplan attorneys will be serving as presenters at the National Employment Lawyers Association (NELA) Fall Seminar, "Representing Federal Employees: Navigating A Complex Landscape" to be held in Washington, DC, on October 17-18, 2014. Passman & Kaplan Founding Principal Edward H. Passman will moderate the panel "A View From The Bench & Bar." Passman & Kaplan Founding Principal Joseph V. Kaplan will moderate the panel "Meet The Heads Of Agencies Responsible For Enforcing Federal Employee Rights." Passman & Kaplan Senior Associate Andrew J. Perlmutter will moderate the panel "Federal Sector 101: EEOC Basics." Passman & Kaplan Senior Associate Adria S. Zeldin will be speaking on the panel "Maximizing Compensatory Damages." Passman & Kaplan Associate Daniel T. Raposa will moderate the panel "Federal Sector 101: MSPB Basics." Finally, Passman & Kaplan Associate Johnathan P. Lloyd will be speaking on the panel "Motions Practice at the EEOC." P&K Founding Principal Joseph V. Kaplan is also Co-Chair of the Conference Planning Committee. For more information, see http://exchange.nela.org/fallseminar/home/.

July 31, 2014
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be Presenter at the EEOC's "EXCEL" Conference August 12-14, 2014

Passman & Kaplan Founding Principal Joseph V. Kaplan has again been invited by the U.S. Equal Employment Opportunity Commission (EEOC) to be a presenter at its annual EXCEL Conference. The EXCEL Conference, to be held August 12-14, 2014, in San Diego, CA, has as its target audience federal agency EEO attorneys and labor relations representatives, EEO officials, human resource professionals, union officials and private attorneys. Mr. Kaplan will present three workshops: "It's None of Your Business: A Guide to Issues About Employee Privacy"; "Navigating the Maze: Understanding the Confusing Principles of Mixed Cases"; and co-presenting "Effective Direct and Cross Examination in a Compensatory Damages Hearing". For more information, check out the EEOC's web page for the EXCEL Conference, at http://www.eeotraining.eeoc.gov/EXCEL2014/index.htm.

July 16, 2014
Passman & Kaplan Obtains Relief in Veterans Preference Case

Passman & Kaplan recently obtained relief for an employee under the Veterans Employment Opportunity Act (VEOA).  In MSPB Docket No. CH-3330-14-0445-I-1, the employee (a preference eligible veteran) was not selected for a GS-13 position.  After filing an appeal at the MSPB, Passman & Kaplan successfully settled the case.  Under the settlement agreement, the employee will receive the GS-13 promotion position, and reimbursement of attorneys’ fees and costs.  Our client was represented by Passman & Kaplan Founding Principal Joseph V. Kaplan and Passman & Kaplan Senior Associate Andrew J. Perlmutter.

July 11, 2014
New Bar Membership for P&K Associate Announced

Passman & Kaplan is pleased to announce that Associate Samir Yahkou, who was already a member of the New York State Bar, was admitted to the District of Columbia Bar on July 11, 2014.

June 13, 2014
Passman & Kaplan Wins Employee Reinstatement; Removal Reversed for Due Process Violation

On June 13, 2014, the Merit Systems Protection Board (MSPB) issued a nonprecedential decision in Halfacre v. Dept. of Homeland Security, MSPB Docket No. DC-0752-12-0626-I-1. Reversing the administrative judge's decision below, the MSPB found that Ms. Halfacre was denied Constitutional due process in her removal, rendering the removal fatally legally defective. On appeal, the MSPB unanimously reversed the removal decision. Under clear precedent from the MSPB and its chief reviewing court, the Court of Appeals for the Federal Circuit, federal employees are entitled to notice of the charges against them (including all aggravating factors) and a chance to respond before any adverse action is implemented--a right which rises to the level of 5th Amendment Constitutional due process. The MSPB found that the agency's failure to notify Ms. Halfacre of an undisclosed aggravating factor and failure to give her the chance to respond to the issue rendered her removal legally flawed, and thus ordered the removal reversed with full back pay. Ms. Halfacre was represented by Passman & Kaplan Founding Principal Joseph V. Kaplan and Passman & Kaplan Senior Associate Adria S. Zeldin.

June 5, 2014
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be A Presenter at the Federal Dispute Resolution Training Seminar, July 17, 2014

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the Federal Dispute Resolution (FDR) Training seminar, which is being held at the Marriott Marquis in San Francisco, CA, on July 14-17, 2014. Mr. Kaplan will be presenting a lecture entitled " Proving and Defending Claims of Compensatory Damages." For more information, check out the conference website at http://www.fdrconference.org/agenda.html.

June 5, 2014
Passman & Kaplan Founding Principal Joseph V. Kaplan Plenary Speaker at SFLERP Spring Conference

Passman & Kaplan Founding Principal Joseph V. Kaplan was the plenary speaker at Spring Conference of the Society for Federal Labor & Employee Relations Professionals (SFLERP) New York/New Jersey Chapter, which was held in New York City, NY on June 4, 2014. Mr. Kaplan's lecture was entitled "Civility and Fairness in the Workplace: A Time to Act." In addition to being the plenary speaker, Mr. Kaplan was also a workshop leader at the conference.

April 22, 2014
Passman & Kaplan Senior Associate Andrew J. Perlmutter To Be A Presenter at the NELA Convention, June 27, 2014, Boston

Passman & Kaplan Senior Associate Andrew J. Perlmutter will be a presenter at the annual convention of the National Employment Lawyers Association (NELA) to be held in Boston, MA, on June 25-28, 2014. Mr. Perlmutter will participate in a panel entitled "Issue Spotting & Navigating Claims in Federal Sector Litigation." The NELA convention is the largest gathering of plaintiffs' employment lawyers nationally. For more information, see http://exchange.nela.org/nelaconvention/home/.

April 22, 2014
Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the “Federal Workplace Training & Expo,” sponsored by LRP Publications, Inc. on April 25, 2014.

Mr. Kaplan will present two workshops: “Whistleblower Protection Enhancement Act: The One-Year Report;” and “It’s Time to Do Something About Reprisal.” For more information go to http://www.fedhrtraining.com.

March 28, 2014
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be A Presenter at the Federal Workplace Conference, April 25, 2014

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the Federal Workplace Conference, which is being held at the Capital Hilton in Washington, DC, on April 23-25, 2014. The Conference is sponsored by LRP Publications and CyberFEDS. Mr. Kaplan will be speaking in two sessions at the conference, ”Whistleblower Protection Enhancement Act: The One-Year Report” and “It’s Time to Do Something About Reprisal.” For more information, check out the conference website at: http://www.fedhrtraining.com

February 25, 2014
Passman & Kaplan Associate to Moderate Panel for MSPB 2013 Year in Review

Passman & Kaplan Senior Associate Andrew J. Perlmutter will moderate an upcoming panel discussion with staff from the Merit Systems Protection Board, scheduled to occur on April 17, 2014. The discussion, "Latest Developments at the Merit Systems Protection Board CY2013 Year in Review", is sponsored by the ABA Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For more information, check out the ABA’s website.

January 31, 2014
Passman & Kaplan Founding Principal to Present Audio Conference on Reasonable Accommodation

Passman & Kaplan Founding Principal Joseph Kaplan will present an audio conference on reasonable accommodation in the federal workplace on February 5, 2014, at 12 noon. The audio conference, entitled "Reasonable Accommodation: Practical Guidance to Minimize Agency Liability" is presented by LRP Publications. For more information, check out this link:
http://www.federalaudios.com/audiofed_2.html

November 21, 2013
Washingtonian Magazine Names Founding Principal Joseph Kaplan One of Washington DC's Best Lawyers

Washingtonian Magazine has named Passman & Kaplan founding principal, Joseph V. Kaplan, one of Washington DC's "Best Lawyers" for 2013. The magazine's December 2013 edition identifies top lawyers by areas of practice. Joe Kaplan is listed in the "Employment Plaintiffs" category. Washingtonian describes this category this way: “Dealing with a hostile workplace? Harassed by your boss? Here are the names you need.” This is not the first time that Washingtonian has recognized Mr. Kaplan as one of Washington DC's Best Lawyers. Mr. Kaplan was named as a top DC lawyer by Washingtonian Magazine in 2011, the last time that Washingtonian ran its biennial “top lawyer” edition."

September 23, 2013
Passman & Obtains Default Judgment Against Postal Service; Client to Receive Retroactive Promotion

This past week, Passman & Kaplan received a very favorable decision from the EEOC’s Baltimore Field Office granting default judgment to our client as a sanction for USPS’s gross misconduct during litigation. The case involved more than 20 non-selections of the same individual and two complete sets of discovery requests. Throughout the entire discovery process, USPS showed a disturbing lack of attention to the case. First, USPS missed its initial discovery production deadline – even then, the responses it did provide were to only one of the two outstanding sets of discovery requests. Despite repeated informal attempts to address numerous deficiencies in its discovery responses, USPS refused to provide the requested information, sometimes simply ignoring counsel’s emails. Even after the AJ granted the complainant’s motion to compel (to which the Agency did not even respond), USPS produced responses to the wrong discovery requests after the AJ’s ordered deadline. Although the AJ gave USPS another opportunity to produce responses to the correct requests as ordered, it again failed to meet the AJ’s deadline. P&K counsel filed three motions for sanctions documenting USPS’s ongoing discovery misconduct and non-compliance with the AJ’s orders. Upon granting our motion for default judgment, the AJ ordered USPS to our client in one of five positions he had previously been deemed at least minimally qualified for, or another mutually-agreeable position. Our client was represented by P&K associate Johnathan Lloyd.

September 11, 2013
Passman & Kaplan Senior Associate Moderates Panel with OSC Staff

Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on October 30, 2013. The discussion, "Latest Developments at the Office of Special Counsel", is sponsored by the American Bar Association Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For more information, check out the ABA's website.

May 29, 2013
Passman & Kaplan to receive the Bar Association of the District of Columbia's "Quality of Life Award."

On May 24, 2013, the Bar Association of the District of Columbia (BADC) publicly announced that it would award Passman & Kaplan the 2013 Constance L. Belfoire Quality of Life Award. According to the BADC website, the award is meant to recognize "Employers who provide quality of life for their lawyers" on a wide variety of issues, such as work/life balance, availability of alternative work schedules, collegiality, diversity, professional development and mentorship, and support for pro bono and bar association participation. BADC will formally present the award to Passman & Kaplan at BADC's annual luncheon on June 19, 2013. Passman & Kaplan is the 16th recipient of this award, and was nominated by P&K's legal staff. BADC's press release announcing the award can be found here: http://tinyurl.com/qcvzl4g
Ed Passman & Joe Kaplan, the firm's founding partners, were honored at receiving the award. Most rewarding, was that it was the firm's associates who nominated the firm for this award."

May 17, 2013
Passman & Kaplan Attorneys to Present Talk for the Metropolitan Washington Employment Lawyers
Association (MWELA) on June 6, 2013

Passman & Kaplan Attorneys to Present Talk for the Metropolitan Washington Employment Lawyers Association (MWELA) on June 6, 2013 Passman & Kaplan founding principal Joseph V. Kaplan and Passman & Kaplan senior associate Andrew J. Perlmutter will be presenting at a brown-bag lunch for the Metropolitan Washington Employment Lawyers Association (MWELA) on June 6, 2013. The talk, “The Privacy Act Revealed: Understanding Various Causes of Action and Remedies,” will be held in Washington, D.C. Information on the talk can be found at http://www.mwela.org/event/2013-06-06/mwela-brown-bag-privacy-act-revealed-understanding-various-causes-action-and-remedi.

April 29, 2013
Passman & Kaplan Founding Principal Joseph Kaplan to be Presenter at the Society of Federal Labor & Employee Relations Professionals (SFLERP), Hampton Roads Chapter, Training Event on the June 7, 2013

Passman & Kaplan founding principal Joe Kaplan will be a workshop presenter at Society of Federal Labor & Employee Labor Relations Professionals (SFLERP), Hampton Roads Chapter, Training event on June 7, 2013. Mr. Kaplan’s workshop on the Whistleblower Protection Act will be a part of a one-day training session on selected topics within the Federal Labor-Management and Employee Relations arenas. The training session, which will be held in Norfolk, Virginia, is open to members and non-members. For inquiries about the training, email: info@sflerp.org.

April 11, 2013
Passman & Kaplan Founding Principal Joseph Kaplan to be Presenter at the 40th Anniversary Symposium of the Society of Federal Labor & Employee Relations Professionals (SFLERP), April 19, 2013

Passman & Kaplan founding principal Joe Kaplan will be a workshop presenter at the 40th Anniversary Symposium of the Society of Federal Labor & Employee Labor Relations Professionals, on April 19, 2013. Mr. Kaplan’s workshop “Recent Developments in Whistleblower Protections” will be part of the 2-day Symposium held by SFLERP on April 18-19 in Crystal City, Va.
For more information, check out: http://sflerp.org/symp13symp.html

April 9, 2013
Passman & Kaplan Achieves $585,000 Settlement in Privacy Act Lawsuit

Passman & Kaplan successfully settled Brunotte v. Tangherlini, Acting Administrator, General Services Administration, Civil Action No. 08-0587. In this case, which had been pending in U.S. District Court for the District of Columbia, P&K alleged that employees of the General Services Administration and its Office of Inspector General committed violations of the Privacy Act in an apparent attempt to interfere with Ms. Brunotte starting a new job at the Government Printing Office. After successfully defeating GSA’s motion for summary judgment on two counts of Privacy Act, the GSA, acting though an Assistant U.S. Attorney, agreed to mediate the claims through the court’s mediation program. Under the settlement agreement, the government will pay $400,000 to Brunotte, plus an additional $185,000 in attorneys' fees and costs.

Brunotte was represented by Passman & Kaplan Founding Principal Joseph V. Kaplan and Senior Associate Andrew J. Perlmutter This case serves as a reminder that government agencies must be careful in protecting private information concerning individuals, even if the individuals are federal employees, and the Privacy Act can carry steep consequences when those restrictions are violated.

April 8, 2013
Passman & Kaplan Senior Associate Moderates Panel for MSPB 2012 Year in Review

Passman & Kaplan Senior Associate Andrew J. Perlmutter moderated a panel discussion with staff from the Merit Systems Protection Board on March 28, 2012. The discussion, "Latest Developments at the Merit Systems Protection Board, CY2012 Year in Review", was sponsored by the American Bar Association Section on Administrative Law and Regulatory Practice, Government Personnel Committee.

April 4, 2013
Passman & Kaplan Senior Associate Adria S. Zeldin To Be A Presenter at the NELA Convention, June 28, 2013, Denver

Passman & Kaplan Senior Associate Adria S. Zeldin will be a presenter at the annual convention of the National Employment Lawyers Association (NELA) to be held in Denver, CO, on June 26-29, 2013. Ms. Zeldin will participate in a panel entitled "Maximizing Compensatory Damage Awards In Federal Sector Cases." The NELA convention is the largest gathering of plaintiffs' employment lawyers nationally.

April 3, 2013
Passman & Kaplan Wins Reinstatement of Removed Federal Employee

In Miller v. Dept. of the Interior, 2013 MSPB 27, Passman & Kaplan defeated the Department of the Interior (Agency) at the Merit Systems Protection Board (Board). The unanimous Board overturned the administrative judge’s decision, reversing the Agency’s removal of Ms. Miller. The Agency had removed Ms. Miller after her refusal to accept a management directed reassignment from Sitka, AK to a new position in Anchorage, AK. Ms. Miller had no performance issued in her Sitka post, and the Sitka position was not being abolished; the agency then had to advertise and fill both the Sitka and Anchorage slots after removing Ms. Miller. In reversing the AJ's decision, the unanimous Board used the opportunity to overturn its prior caselaw, as a result simplifying the pleading standards and legal analysis used in cases involving removals for failure to accept a management directed reassignment. The Agency was ordered to retroactively reinstate Ms. Miller to her position in Sitka with back pay and possible attorneys’ fees and costs. Ms. Miller was represented by Passman & Kaplan Founding Principal Edward H. Passman.

March 11, 2013
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be A Presenter at the Federal Workplace Conference April 3, 2013

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the Federal Workplace Conference, which is being held at the Gaylord Hotel, at National Harbor, MD, on April 2-4, 2013. The Conference is sponsored by LRP Publications. Mr. Kaplan’s workshop will be held on April 3, at 10:45 a.m., entitled "Get the Most out of Witnesses in Emotional Distress Claims."
For more information, check out the LRP website at: http://www.fedhrtraining.com

January 31, 2013
Passman & Kaplan, PC Announces New Senior Associates

Passman & Kaplan, PC is pleased to announce that P&K associates Andrew J. Perlmutter, Amy L. Beckett and Adria S. Zeldin have now become senior associates of the firm. Mr. Perlmutter has been an associate since July 2007, Ms. Beckett has been with the firm since July 2009 and Ms. Zeldin jointed P&K in December 2010.

January 30, 2013
Passman & Kaplan, PC Welcomes Samir Yakhou as New Associate

Passman & Kaplan, PC is pleased to announce that Samir Yakhou has become an associate of the firm. Mr. Yakhou received his law degree from the George Washington University Law School in 2012, and was admitted to the New York Bar in January 2013. Mr. Yakhou has served as a law clerk at Passman & Kaplan since June 2011, assisting P&K attorneys in defending and advancing the rights of employees.

June 20, 2012
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be A Presenter at the NELA Convention, June 22, 2012, San Diego

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a presenter at the annual convention of the National Employment Lawyers Association (NELA) to be held in San Diego, CA June 21-24. Mr. Kaplan will participate in a panel entitled "Maximizing Damages Through Direct Examination." Mr. Kaplan's specific presentation is entitled: Proving Compensatory Damages Through Lay Witnesses." The NELA convention is the largest gathering of plaintiffs' employment lawyers nationally.

June 18, 2012
Passman & Kaplan Founding Principal To Be Featured Speaker at SFLERP Luncheon June 19, 2012

Passman & Kaplan Founding Principal will be the featured speaker at DC Chapter of the Society of Federal Labor and Employee Relations Specialist luncheon on June 19, 2012, in Washington DC. Mr. Kaplans talk is entitled, "Recent Developments at the Federal Circuit and MSPB - Is the Pendulum Swinging?" For more information, contact Paco Martinez at

May 15, 2012
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be Presenter at the U.S. Court of Appeals for the Federal Circuit 2012 Judicial Conference, May 17, 2012; Also Spoke an Annual SFLERP Symposium May 10, 2012

Passman & Kaplan Founding Principal Joseph V. Kaplan will be a panelist at the upcoming U.S. Court of Appeals for the Federal Circuit 2012 Judicial Conference on May 17, 2012. Mr. Kaplan will be participating in the "U.S. Merit Systems Protection Board Breakout Session" which will review recent developments in MSPB case law as well as decisions by the MSPB's reviewing court -- the Federal Circuit. The conference will be at the Grand Hyatt Hotel in Washington, DC.
Mr. Kaplan also spoke recently at the Annual Symposium of the Society of Federal Labor and Employee Relations Professionals held in Arlington, Va on May 10011, 2012. Mr. Kaplan's topic was "Reprisal Protections for Federal Employees."

April 12, 2011
Passman & Kaplan Associate to Moderate Panel on Developments at the Merit Systems Protection Board

Passman & Kaplan Associate Andrew J. Perlmutter will moderate an upcoming panel discussion with staff from the Merit Systems Protection Board, scheduled to occur on April 19, 2012. The discussion, "Latest Developments at the Merit Systems Protection Board CY 2011 Year in Review", is sponsored by the ABA Section on Administrative Law and Regulatory Practice, Government Personnel Committee (and co-sponsored by ABA Section of Labor and Employment Law Federal Service Labor and Employment Law Committee). For more information, check out the ABA's website (http://www.americanbar.org/content/dam/aba/events/administrative_law/2012/03/april_19.authcheckdam.pdf).

December 1, 2011
Washingtonian Magazine Names Joseph Kaplan One of Washington DC's Best Lawyers

Washingtonian Magazine has named Passman & Kaplan founding principal, Joseph V. Kaplan, one of Washington DC's "Best Lawyers" for 2011. The magazine's December 2011 edition identifies top lawyers by areas of practice. Joe Kaplan is listed in the "suing the boss" category -- the category for plaintiffs' employment lawyers. This is not the first time that Washingtonian has recognized Mr. Kaplan as one of Washington DC's Best Lawyers. The on-line link to the magazine will not be available until January 1, 2012.

October 31, 2011
P&K Associate Andrew Perlmutter Appointed to ABA Committee Position

On October 28, 2011, the Chair of the American Bar Association's Section of Administrative Law & Regulatory Practice appointed Passman & Kaplan Associate Andrew J. Perlmutter as Co-Chair of the Section's Government Personnel Committee for the 2011-2012 term. According to the ABA, "The Committee is responsible for administrative law matters arising in the employment of federal, state, and local government personnel, including programs administered by the Office of Personnel Management; for matters involving the role, status, and functions of federal and state administrative law judges and administrative judges; and for other matters pertaining to the representation of such employees and judges by the private bar." We at P&K congratulate Andrew on his appointment.

September 1, 2011
Passman & Kaplan Associate to Moderate Panel on Developments at the U.S. Office of Special Counsel (OSC)

Passman & Kaplan Associate Andrew J. Perlmutter will moderate an upcoming panel discussion with staff from the U.S. Office of Special Counsel, scheduled to occur on November 3, 2011. The discussion, "Latest Federal Developments at the Office of Special Counsel", is sponsored by the ABA Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For more information, check out the ABA's website.

August 4, 2011
Passman & Kaplan Wins Enforcement of Breached Settlement

Passman & Kaplan successfully sought enforcement by the Equal Employment Opportunity Commission (EEOC) of a breached settlement agreement. In its August 2, 2011, decision in Deloatch v. Dept. of the Air Force, EEOC Appeal No. 0120091778, EEOC's Office of Federal Operations found that the Agency breached its August 25, 2008, settlement agreement with Ms. Deloatch. Among other provisions, the settlement agreement called for the Agency to restore Ms. Deloatch's annual leave. OFO found that the Agency had breached the settlement agreement by delaying its implementation of the agreement for several months, and then by improperly restoring Ms. Deloatch's leave, causing Ms. Deloatch to lose 153 hours of annual leave under federal 'use-or-lose' leave regulations. As relief, OFO ordered the Agency to restore to Ms. Deloatch the lost annual leave, and to pay Ms. Deloatch's reasonable attorneys' fees and costs. Ms. Deloatch was represented by Passman & Kaplan, P.C. associate Andrew J. Perlmutter.

July 26, 2011
Passman & Kaplan Founding Principal Joseph V. Kaplan To Be Presenter at the EEOC's "EXCEL" Conference August 16-18, 2011.

Passman & Kaplan Founding Principal Joseph V. Kaplan has again been invited by the U.S. Equal Employment Opportunity Commission (EEOC) to be a presenter at its annual EXCEL Conference. The EXCEL Conference, to be held August 16-18, 2011, in Baltimore, 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 four separate workshops: "Examination of Witnesses," "Mixed Cases" (co-presented with MSPB General Counsel James M. Eisenmann), "Keep Your Workplace Ant Hills from becoming Workplace Mountains," and "Drafting Settlement Agreements." For more information, check out the EEOC's web page for the EXCEL Conference.

July 2011
P&K Associate Adria Zeldin Elected to D.C. Bar Steering Committee Position

Passman & Kaplan Associate Adria S. Zeldin has been elected to a position on the Labor and Employment Law Section Steering Committee of the District of Columbia Bar for the 2011-2012 term. According to the D.C. Bar, "The purposes of the section are to: advance the professional development and competence of its members by offering educational programs and publications in the substantive law fields of labor and employment law, as well as practice and procedure; keep its members informed of changes and developments in the relevant law and to publish information on those subjects; monitor legislative and regulatory developments and comment on issues within its expertise and jurisdiction; provide a forum for discussion of subjects pertaining to the legal practice areas of labor and employment law; provide other services to its members consistent with the D.C. Bar's Sections Guidelines and Procedures; and fulfill the bar's commitments to public service and community outreach." We at P&K congratulate Adria on her election.

June 16, 2011
Sandra Mazliah to leave Passman & Kaplan; relocating to Atlanta, GA

Unfortunately, Passman & Kaplan has to announce that Sandra Mazliah, who has been with P&K for 14 years, first as an associate and then as a principal, is relocating with her family to Atlanta, GA. Sandra, who aggressively represented the firm's clients in a wide variety of cases, was also a co-chair of the Federal Employee Rights Committee of the National Employment Lawyers Association. Speaking on behalf of the firm, Managing and Founding Principal Joe Kaplan said, "We at P&K are indebted to Sandra for her excellent representation of our clients and the role she played in trying to improve the employment situation for federal employees everywhere. We will miss Sandra as a colleague, but share in her excitement as she relocates with her husband and son to Atlanta and new opportunities there." Sandra's last day at P&K is June 30th.

May 2011
Washington DC Super Lawyers Magazine Again Names P&K Founding Principals Edward H. Passman and Joseph V. Kaplan on its list of "Super Lawyers" 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. 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 again honored to be recognized by my peers," Mr. Passman said of his second annual listing by Super Lawyers Magazine. Mr. Kaplan, who had previously been named as a Super Lawyer in 2008, 2009, and 2010 stated that "being named four years in a row was gratifying praise."

February 8, 2011
U.S. Court of Federal Claims Allows Equal Pay Act Claim to Proceed; Allows Amendment

On January 26, 2011 Judge Mary Ellen Coster Williams of the U.S. Court of Federal Claims rejected the Government's motion to dismiss postal manager Beverly Martin's pay discrimination claim. Martin v. United States, Case No. 10-183C (Fed. Cl.) Passman & Kaplan Founding Principal Joseph V. Kaplan and Associate Amy L. Beckett represent Ms. Martin. Ms. Martin, an employee of the U.S. Postal Service, sued under the Equal Pay Act, alleging that the Postal Service paid her less than her male successor for performing the same duties. Judge Williams' decision rejected the Government's argument that the recent Supreme Court Iqbal and Twombly decisions effectively required Ms. Martin to prove her Equal Pay Act case outright in order to survive a motion to dismiss. In particular, Judge Williams held that Ms. Martin properly alleged that the actual job duties she and the male comparator performed in their respective positions, and not their formal job titles, controlled whether or not they could be compared for pay discrimination analysis. Judge Williams also ruled that the fact that the male comparator did the job after Ms. Martin was no bar to Ms. Martin's Equal Pay Act claims.

February 7, 2011
New Bar Membership for P&K Associate Announced

Passman & Kaplan is pleased to announce that Associate Johnathan P. Lloyd, who was already a member of the Virginia Bar, was admitted to the District of Columbia Bar on February 7, 2011.

February 7, 2011
Passman & Kaplan Associate to Moderate Panel for MSPB 2010 Year in Review

Passman & Kaplan Associate Andrew J. Perlmutter will moderate an upcoming panel discussion with staff from the Merit Systems Protection Board, scheduled to occur on February 25, 2011. The discussion, "Latest Federal Developments at the Merit Systems Protection Board CY2010 Year in Review", is sponsored by the ABA Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For more information, check out the ABA's website.

January 26, 2011
Passman & Kaplan Wins Major MSPB Appeal After Landmark Oral Argument

The Merit Systems Protection Board (MSPB or Board) issued its decision in the consolidated Aguzie and Barnes cases, holding, for the first time, that OPM-directed suitability determinations are subject to full MSPB review under 7 USC § 7513, which includes a review of the penalty determination. In so doing, the Board found certain Office of Personnel Management (OPM) regulations that interfere with those appeal rights to be inconsistent with the Board's statutory authority. Passman & Kaplan Founding Principal Joseph V. Kaplan represented Holley C. Barnes at oral argument on this appeal, which was only the second oral argument held by the MSPB in the past 27 years. Aguzie, Barnes v. Office of Personnel Management, 2011 MSPB 10.

At issue in the Barnes case was an order from OPM to the Department of Homeland Security (DHS), Ms. Barnes' employing agency, directing that Ms. Barnes, a non-probationary employee, be removed from her position, declared ineligible for other pending competitive selections and debarred from the federal competitive service for three years. OPM found Ms. Barnes unsuitable for federal employment for an alleged falsification of her employment application. Ms. Barnes appealed to the MSPB. Under OPM regulations, however, the MSPB was restricted in its review and could not, for example, review the appropriateness of the decision to impose removal, debarment and cancellation of eligibility as penalties. In reviewing the relevant statutes and legislative history, the MSPB found that OPM exceeded its authority in promulgating regulations which purport to strip the MSPB of full authority to review the OPM suitability determination and the chosen penalty. In holding OPM's regulations inconsistent with the Board's statutory authority, the MSPB confirmed its authority to review the merits of OPM's suitability determination, as well as to examine the propriety of OPM's penalty determination under the MSPB's Douglas mitigation factors. Further, agreeing with Mr. Kaplan's argument, the MSPB also extended its authority to review additional penalties imposed, such as the penalties of debarment and cancellation of eligibility as part of an appeal of an OPM unsuitability determination.

As a result of the Board's decision, Ms. Barnes' case was ordered remanded to the administrative judge for further proceedings to determine, in the main, whether her removal, and other penalties, were justified by all the facts in this case. Ms. Barnes was represented by Passman & Kaplan Founding Principal Joseph V. Kaplan.

To read a copy of the MSPB's decision, click here.

January 6, 2011
P&K Associate Andrew Perlmutter Appointed to ABA Committee Position

On November 22, 2010, the Chair of the American Bar Association's Section of Administrative Law & Regulatory Practice appointed Passman & Kaplan Associate Andrew J. Perlmutter as Vice-Chair of the Section's Government Personnel Committee for the 2010-2011 term. According to the ABA, "The Committee is responsible for administrative law matters arising in the employment of federal, state, and local government personnel, including programs administered by the Office of Personnel Management; for matters involving the role, status, and functions of federal and state administrative law judges and administrative judges; and for other matters pertaining to the representation of such employees and judges by the private bar." We at P&K congratulate Andrew on his appointment.

December 1, 2010
Passman & Kaplan, PC Welcomes Adria S. Zeldin as New Associate

Passman & Kaplan, PC is pleased to announce that Adria S. Zeldin has become an associate of the firm. Ms. Zeldin comes to P&K with 23 years of experience in the areas of federal-sector employment, discrimination and labor law. Ms. Zeldin's background includes employment at the U.S. Equal Employment Opportunity Commission, from 1987 to 2005, where she held various positions including EEOC Supervisory Administrative Judge and also Senior Trial Attorney. Additionally, Ms. Zeldin has experience practicing before adjudicatory agencies such as the U.S. Merit Systems Protection Board (MSPB) and the U.S. Federal Labor Relations Authority (FLRA), as well as experience practicing before federal courts. Immediately prior to joining P&K, Ms. Zeldin worked independently as an attorney, mediator and trainer in various employment law topics. Ms. Zeldin holds degrees from Antioch College and the Georgetown University Law Center. Ms. Zeldin is an active member of the DC Bar.

October 18, 2010
Super Lawyers Magazine, Corporate Counsel Edition, Again Names P&K Founding Principals Edward H. Passman and Joseph V. Kaplan as "Super Lawyers" for 2010 in Employment and Labor Law.

Super Lawyer Magazine, Corporate Counsel Edition, November/December 2010, 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. 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. Messers Passman and Mr. Kaplan, who have both previously been named as "Super Lawyers" in the national Corporate Counsel Edition as well as in the Super Lawyers Washington, DC edition, stated that being named Super Lawyers, by a process that included peer review, was an honor.

October 13, 2010
Passman & Kaplan Founding Principal Joseph V. Kaplan to Present Oral Argument in MSPB Appeal

For only the second time in 27 years, the U.S. Merit Systems Protection Board is conducting oral argument in cases pending before it on appeal. The specific issue, in four cases consolidated for argument, is "whether when the Office of Personnel Management (OPM) directs an agency to separate a tenured employee for suitability reasons, the Board must consider a subsequent appeal under 5 CFR part 731 as contemplated therein, or should the Board instead consider the appeal under 5 U.S.C. chapter 75, given that the scope of a chapter 75 appeal is broader than a part 731 appeal and that OPM generally lacks authority to issue regulations limiting statutory rights." The four consolidated cases are: Hyginus U. Aguzie v. Office of Personnel Management, MSPB Docket Number DC–0731–09–0261–R–1; Jenee Ella Hunt-O'Neal v. Office of Personnel Management, MSPB Docket Number AT-0731-09-0240-I-1; James A. Scott v. Office of Personnel Management, MSPB Docket Number CH-0731-09-0578-I-1; and Holley C. Barnes v. Office of Personnel Management, MSPB Docket Number DC-0731-09-0260-R-1 (Aguzie, et al.) Passman & Kaplan represents Ms. Barnes.

The oral argument will take place on October 18, 2010, at 10:00 a.m. at the United States Court of Appeals for the Federal Circuit, Room 201, 717 Madison Place, N.W., Washington, D.C.

For more information about these cases, and to see the briefs filed, check out the following MSPB site:
http://www.mspb.gov/oralarguments/

September 15, 2010
Passman & Kaplan Gains Reinstatement of Fired Dept. of Army Employee; Employee Receives Full Back Pay and Benefits, Plus Compensatory Damages for Emotional Distress

In MSPB Case No. DA-0752-10-0133-I-2, Passman & Kaplan successfully settled this case for full relief, just as if the case had been decided by the judge. In this Merit Systems Protection Board (MSPB) appeal, P&K alleged that the Department of the Army fired the employee after she invoked her right to take leave under the Family and Medical Leave Act. After Passman & Kaplan conducted a pre-hearing deposition of the official who proposed the employee's termination, it became clear that the Department's actions were illegal and would not be sustained at trial. In agreeing to settle the case without further litigation, the Department of the Army agreed to cancel the removal action, reinstate the employee to a position at the same grade level, pay the employee all of her back pay and benefits, including any missed step-increases, pay $31,500 in compensatory damages, and reimburse the employee all of her attorney fees and litigation costs. The settlement agreement was accepted by the MSPB and entered into the Board's records for enforcement purposes. The employee was represented by P&K founding principal Joseph V. Kaplan.

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.

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: (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.

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.

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.

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 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.

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