Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

September 2013 Archives

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. 

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. 

Developments at the OSC: OSC FY 2012 Annual Report Analyzed

Developments at the OSC:  On September 10, 2013, the U.S. Office of Special Counsel (OSC) issued its annual report to Congress for Fiscal Year 2012.   This report demonstrated greatly increasing enforcement activity by OSC, but also increased hurdles for cases reaching the investigation stage and increased case backlogs.

Developments at OPM: Proposed New Rule for Religious Accommodation

Developments at OPM: The Office of Personnel Management (OPM) published a Proposed Rule in the August 30, 2013 edition of the Federal Register (78 Fed.Reg. 53,695-53,700) for religious accommodations for federal employees. Comments on this Proposed Rule must be received by OPM by October 29, 2013.

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