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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. 

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