Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

July 2014 Archives

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". 

News from the Whitehouse: New Executive Order on LGBT Issues

News from the Whitehouse:  On July 21, 2014, President Obama issued a new Executive Order expanding LGBT anti-discrimination protections.  Executive Order 13672 specifically expands protections for persons suffering from discrimination based on their sexual orientation or gender identity.

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. 

Developments at the EEOC: New Pregnancy Discrimination Guidance

Developments at the EEOC:   On July 14, 2014, the EEOC issued its first comprehensive guidance since 1983 on pregnancy discrimination and the interaction of the Pregnancy Discrimination Act (PDA) with the Americans with Disabilities Act (ADA).   The Enforcement Guidance was accompanied by a Questions and Answers document.

Developments at the MSPB: MSPB Simplifies Enforced Leave Appeals

Developments at the MSPB:  On June 23, 2014, the Merit Systems Protection Board (MSPB) issued a precedential decision in Abbott v. U.S. Postal Service, 2014 MSPB 47. The MSPB drastically overturned its prior precedent on enforced leave cases, making it potentially easier for employees to challenge these actions at the MSPB.

News from the Whitehouse: New Law for Intelligence Agency Whistleblowers

News from the Whitehouse:  On July 7, 2014, President Obama signed into law the Intelligence Authorization Act for Fiscal Year 2014 (Pub.L. 113-126). Sections 601-603 of the statute solidified protections for whistleblowers in intelligence agencies and/or with security clearances. 

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