Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

June 2016 Archives

P & K CLIENT WINS PROMOTION UP EIGHT PAY BANDS

In his April 22, 2016 Decision (Ware v. USPS, EEOC Nos. 531-2011-00122X, 531-2012-00029X), an Administrative Judge of the EEOC awarded P & K client Anthony Ware a promotion up eight pay bands, from EAS-17 to EAS-25, in a case whose underlying facts go back to 2009. From 2009-2010, Mr. Ware had applied for several promotions, but despite his excellent qualifications, was not selected for any of the positions he sought. Believing that discrimination and retaliation were at work, Mr. Ware engaged Passman & Kaplan to litigate the case. After years of intense litigation, the Judge agreed with P & K's argument that Mr. Ware should be awarded the highest-level position for which he applied and was deemed qualified, ordering the Agency to pay more than six years of back pay, with all reasonable step and pay raises Mr. Ware would have received had he been promoted to the position in 2010, as well as attorney fees and costs, and more than $20,000 in additional compensatory damages. Mr. Ware was represented in this case by P & K Senior Associate Johnathan P. Lloyd.

P&K FOUNDING PRINCIPAL JOSEPH V. KAPLAN PLENARY SPEAKER AT SFLERP SPRING CONFERENCE ON JUNE 15, 2016

Passman & Kaplan Founding Principal Joseph V. Kaplan will be the plenary speaker at the upcoming Conference of the Society for Federal Labor & Employee Relations Professionals (SFLERP) New York/New Jersey Chapter, which will held in New York City, NY on June 15, 2016. Mr. Kaplan's presentation will be on "Hot Topics in Reasonable Accommodation of Persons With Disabilities." 

News from the Federal Circuit: New WPEA Protection Clarified

News from the Federal Circuit:  On June 7, 2016, the U.S. Court of Appeals for the Federal Circuit issued its precedential decision in Rainey v. Merit Systems Protection Board, No. 2015-3234.  The Federal Circuit limited the application of a whistleblower protection statute.

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