Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Washington DC Employment Law Blog

EEOC reports (mostly) positive developments on sexual harassment

The Equal Employment Opportunity Commission reports that formal complaints of sexual harassment complaints are up significantly from 2017. The EEOC is also litigating substantially more harassment cases.

Amid the uptick in reported harassment, there is evidence that men are changing their behavior – in good and bad ways. While the impact of the #MeToo movement has mostly been positive, some leery men are going to the other extreme and avoiding female co-workers completely.

News from Passman & Kaplan: P&K Principal Moderates Panel With OSC Staff

News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Office of Special Counsel on November 28, 2018. 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 additional details or to register, see the ABA's website.

Developments at the EEOC: P&K Wins Reasonable Accommodation Case

Developments at the EEOC:  On September 26, 2018, the Equal Employment Opportunity Commission's Office of Federal Operations issued its decision in Cleveland C. et al. v. Dept. of Defense, EEOC Appeal Nos. 0120170405-0120170414.  Shifting from prior precedent, the EEOC recognized reasonable accommodation protections for persons suffering from pseudofolliculitis barbae (PB).

Developments at OPM: Guidance on Executive Order

Developments at OPM: On October 10, 2018, the Office of Personnel Management (OPM) issued Interpretive Guidance on implementation of Section 5 of Executive Order 13,839.  OPM's Interpretive Guidance clarifies some aspects of how Section 5--the provision limiting modification of federal personnel records in settlement--should be applied.

Mental disabilities merit reasonable accommodation

The many myths and stigmas surrounding mental illness create barriers in the workplace. Employees with mental disabilities may be hesitant to disclose their struggles or ask for accommodations, and for good reason. Employers often refuse “special treatment” or even retaliate against the person.

If you are a federal employee with a mental or intellectual disability, you have rights. Your agency is required to make the reasonable accommodations you need to do your job and excel in your federal service career. What might that look like?

News from Passman & Kaplan: Personnel News

News from Passman & Kaplan: Passman & Kaplan, P.C. is pleased to announce that P&K Senior Associates Andrew J. Perlmutter and Johnathan P. Lloyd have now become Principals of the firm, and that P&K associate Erik D. Snyder has become a Senior Associate of the firm.

News from the Federal Circuit: Delay Not Due Process Denial

News from the Federal Circuit: On August 24, 2018, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Villareal v. Bureau of Prisons, No. 2017-2275.  The Court upheld Mr. Villareal's removal, finding no per se due process violation in the long delay in deciding to impose discipline.

Does security clearance expire?

Once you are cleared to work for the federal government, the clock starts ticking on your security clearance.

If you stay in your job, you will have to be “reinvestigated” periodically. If you leave your federal agency or contractor job, your clearance can lapse in two years. As you move up the ladder, you may need to obtain a higher level of clearance.

News from Passman & Kaplan: Webinar on Disability Rights

News from Passman & Kaplan:  Passman & Kaplan Founding Principal Joseph V. Kaplan will present a webinar on disability issues in the federal workplace on September 13, 2018, at 12:00pm Eastern. The webinar, entitled "Accommodating and Managing Federal Employees with Mental and Intellectual Disabilities" is presented by LRP Publications.  For further information, see LRP Publications' website: http://www.lrpfederalwebinars.com/register.html

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