Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

June 2017 Archives

PASSMAN & KAPLAN FOUNDING PRINCIPAL JOSEPH V. KAPLAN TO BE PRESENTER AT THE EEOC'S "EXCEL" CONFERENCE JUNE 27-29, 2017

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 June 27-29, 2017, in Chicago, IL, 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 one workshop, "Can't We Just Talk About it - A Beginner's Guide to Mediation," and will co-present a second workshop, "Show Me the Money: Compensatory Damages." 

News from the Courts: False Statement Remedies Clarified

News from the Courts: On June 16, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued a precedential decision in Lee v. U.S. Agency for International Development et al., No. 16-5276. The D.C. Circuit addressed the issue of whether a federal employee has a civil remedy for alleged false statements by managers under 18 U.S.C. § 1001.

News from Congress: Congress Reverses Federal Circuit in "Follow the Rules" Act

News from Congress:  On June 14, 2017, the President signed into law H.R. 657 as new Pub.L. 115-40. the so-called "Follow the Rules Act." The statute was designed to legislatively overrule the decision of the U.S. Court of Appeals for the Federal Circuit in Rainey.

Developments at the EEOC: Damages Awards Adjusted for Inflation

Developments at the EEOC:  On June 9, 2017, the Equal Employment Opportunity Commission (EEOC) issued a groundbreaking precedential decision in Lara G. v. U.S. Postal Service, EEOC Request No. 0520130618. On its own initiative, the EEOC reopened the case to reverse prior precedent on compensatory damages awards.

EEOC EXPANDS COMPENSATORY DAMAGES AWARD IN GROUNDBREAKING P&K CASE

On June 9, 2017, the Equal Employment Opportunity Commission (EEOC) issued a precedential decision in Lara G. v. U.S. Postal Service, EEOC Request No. 0520130618. On its own initiative, the EEOC reopened the case to reverse prior precedent on compensatory damages awards. Previously, EEOC administrative judges were required to issue compensatory damages awards similar to prior EEOC damages decisions. P&K argued that this comparison should adjust the earlier damages awards for inflation, to avoid eroding the real value of older compensatory damages awards. In earlier decisions in this case, the administrative judge and the EEOC's Office of Federal Operations (OFO) both ignored P&K's novel legal argument. The EEOC's new decision-issued directly by the Commission members themselves through the Executive Secretariat-overrules the prior OFO decisions and directs that future damage awards include an adjustment for inflation, increasing compensatory damages awards for both Lara G. and future complainants. Lara G. was represented by Passman & Kaplan Founding Principal Joseph V. Kaplan. 

PASSMAN & KAPLAN SENIOR ASSOCIATE MODERATES PANEL WITH MSPB STAFF

Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from the Merit Systems Protection Board on August 10, 2017. The discussion, "Latest Developments at the Merit Systems Protection Board CY 2016 Year In Review", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee. 

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