Protecting Workers’ Rights

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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.

MSPB OVERTURNS P&K CLIENT'S TERMINATION

In its May 25, 2016, Decision (MSPB Docket No. DC-0351-14-0254-I-2) the U.S. Merit Systems Protection Board overturned P&K client Colleen Clay's termination by reduction in force (RIF) from her position with the Corporation for National and Community Service (CNCS). The underlying events of the case go back to 2010 when CNCS demoted Ms. Clay without any due process pursuant to a reorganization. Passman & Kaplan successfully appealed that demotion, which resulted in an Order to reinstate Ms. Clay to her former position. However, by the time CNCS brought Ms. Clay back to her old position, they had filled the position with someone else, so CNCS terminated Ms. Clay by RIF, saying they couldn't pay two people to do one job. This decision overturns that RIF and restores Ms. Clay to her position with full back pay and benefits. Ms. Clay was represented in both these successful appeals by P&K Senior Associate Johnathan P. Lloyd.

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