News from Passman & Kaplan: On April 1, 2019, Passman & Kaplan, P.C. Founding Principal Edward H. Passman and his client, Tricia Newbold, were both interviewed in the press. Ms. Newbold was interviewed by NBC News. Mr. Passman was interviewed on National Public Radio (NPR), on NPR's All Things Considered program. Both interviews concerned Ms. Newbold's claims against the Executive Office of the President, Office of Administration, which were recently discussed in greater detail in this blog.
News from Congress: Tricia Newbold, an employee at the Executive Office of the President, Office of Administration, recently testified before the House Committee on Oversight and Reform. As the Committee's chair, Rep. Elijah Cummings, stated in an April 1, 2019 letter to the White House, Ms. Newbold "has informed the Committee that during the Trump Administration, she and other career officials adjudicated denials of dozens of applications for security clearances that were later overturned. As a result, she warned that security clearance applications for White House officials 'were not always adjudicated in the best interest of national security.' She also reported to the Committee that she has been targeted for retaliation after declining to grant security clearances based on longstanding national security protocols. She stated: 'I'm terrified of going back. I know that this will not be perceived in favor of my intentions, which is to bring back the integrity of the office.'"
News from Passman & Kaplan: The discrimination complaint of Tricia Newbold, an employee at the Executive Office of the President, Office of Administration, was recently featured in the press. Ms. Newbold has alleged that she suffered ongoing disability discrimination based on her dwarfism at the hands of her supervisor, among other claims. Ms. Newbold's supervisor allegedly discriminated against her by repeatedly impairing Ms. Newbold's office access and by allowing office equipment and files to be placed out of her reach on several separate occasions. For example, Ms. Newbold alleges that her supervisor moved work-related security files that Ms. Newbold needed to a high location and then told her, "You have people, have them get you the files you need; or you can ask me." Based on these allegations, Ms. Newbold has filed a discrimination complaint, which is currently pending at the Equal Employment Opportunity Commission (EEOC). Ms. Newbold's story was first publicly reported in a January 24, 2019 by NBC News. Ms. Newbold is represented by Passman & Kaplan, P.C. Founding Principal Edward H. Passman.
Passman & Kaplan Founding Principal Joseph V. Kaplan will be speaking at the 2018 Federal Circuit Judicial Conference, in Washington, D.C. on March 16, 2018. Mr. Kaplan will be participating in "Dissenting Opinions: 'The Resistance'", a panel discussion concerning the potential impacts of recent MSPB and Federal Circuit decision on areas in MSPB caselaw. For more information, visit the event page.
The whistleblower reprisal complaint of Helen Foster, a senior civil servant at the U.S. Department of Housing and Urban Development, was recently featured in the press. Ms. Foster has alleged that she suffered reprisal after not following through on finding money which exceeded the legal limit to redecorate new HUD Secretary Ben Carson's office. Ms. Foster's story was first publicly reported in a February 27, 2018 article by The Guardian newspaper, and has since been publicly reported in a number of other media outlets. Ms. Foster herself was interviewed by CNNconcerning her allegations. Ms. Foster's whistleblower reprisal complaint was filed at the U.S. Office of Special Counsel. While her whistleblower reprisal complaint is pending, Ms. Foster has been detailed to a position at the Treasury Department at her own request. Ms. Foster believes that alleged retaliatory actions by HUD have negatively impacted her career and reputation. Ms. Foster is seeking remedies such as reinstatement as HUD Chief Administrative Officer and award of compensatory damages. Ms. Foster is represented by Passman & Kaplan, P.C. Founding Principal Joseph V. Kaplan.
Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from EEOC's Office of Federal Operations on May 10, 2018. The discussion, " Latest Federal Sector Developments at the Equal Employment Opportunity Commission Office of Federal Operations", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee.
Passman & Kaplan Senior Associate Andrew J. Perlmutter will be moderating a panel discussion with staff from the Merit Systems Protection Board on April 19, 2018. The discussion, "Latest Developments at the Merit Systems Protection Board CY 2017 Year In Review", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee.
Passman & Kaplan, PC, successfully sought enforcement by the Equal Employment Opportunity Commission (EEOC) of a breached settlement agreement. In its October 16, 2014, decision in Complainant v. Department of the Air Force, EEOC Appeal No. 0120141465, the EEOC's Office of Federal Operations found that the Agency breached its December 4, 2013, settlement agreement with the complainant, and reversed the Agency's Final Agency Decision (FAD) on the matter. The FAD found a breach of a clause in the settlement agreement which required the complainant's supervisor to obtain authorization before communicating with the complainant's subordinates. However, the FAD failed to address any remedy for the breach. The EEOC agreed with the Agency's finding of breach, but went further to award Complainant reasonable attorney fees and costs related to the appeal and to order that the Agency comply with the settlement agreement and submit a report of compliance to the EEOC. The complainant was represented by P&K founding principal Joseph V. Kaplan
In August 2014, the National Employment Lawyers Association (NELA) appointed Passman & Kaplan Senior Associate Andrew J. Perlmutter as Chair of the new Rulemaking Committee, under the NELA Federal Employee Rights Practice Group. Mr. Perlmutter currently also serves as the Federal Employee Rights Liaison to the NELA Amicus Advisory Committee.
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 6, 2014. 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.