Developments at the EEOC: On May 8, 2019, the Equal Employment Opportunity Commission's Office of Federal Operations (OFO) issued its decision in Lidia B. v. Dept. of Veterans Affairs, EEOC Appeal No. 2019001712. Lidia B. involved a settlement agreement where the Agency had agreed to reassign Complainant Lidia B. to a specific office where Complainant was on detail, to be accompanied by a transfer of Complainant's full-time equivalent (FTE), and a recredit of Complainant's leave. After the settlement agreement was signed, the Agency then unilaterally declared the settlement agreement void on grounds of alleged mutual mistake, claiming that there was no position to reassign Complainant to in the receiving office (because the Agency hadn't moved over Complainant's FTE yet). The Agency took back Complainant's leave recredit and unilaterally reinstated Complainant's EEO complaint for processing. Complainant timely petitioned to enforce the breached settlement agreement, and further amended in a new claim while OFO was considering Complainant's Petition for Enforcement. OFO agreed with Complainant, finding that no mutual mistake had occurred, and therefore the Agency was bound to implement the terms of its settlement agreement. OFO accordingly declared the settlement agreement reinstated and ordered the Agency to implement all remedies in the settlement. OFO ordered the Agency to update its claims processing for the reinstated EEO complaint to reflect that the original claim was settled, with processing to continue on Complainant's later-amended claim (which was outside the scope of the settlement agreement). OFO further ordered the Agency to pay Complainant's reasonable attorneys' fees and costs.
News from Passman & Kaplan: Washington DC Super Lawyer Magazine has again named Passman & Kaplan Founding Principal Joseph V. Kaplan among its list of "Super Lawyers" in the field of Employment and Labor Law, for the 12th year in a row. According to the magazine, candidates for selection are evaluated by a panel of peers in their primary area of practice. Candidates are evaluated on 12 factors of peer recognition and professional achievement. Mr. Kaplan, who had previously been named as a Super Lawyer every year since 2008 said that he was "gratified to once again be recognized by my peers for this honor."
News from Passman & Kaplan: Passman & Kaplan Founding Principal Joseph V. Kaplan is once again pleased to be a presenter at this year's FDR Training Conference, to be held in Philadelphia on August 12-15, 2019. Mr. Kaplan will be co-presenting three programs, "EEOC Mock Hearing," "The Accommodations Managers Love to Hate: Leave, Telework, and Reassignment as Reasonable Accommodations," and "Addressing Mental Disabilities in the Workplace: How to Apply Both the Letter and the Spirit of the Law." For more information, check out the FDR Training Conference webpage.
Passman & Kaplan Founding Principal Joseph V. Kaplan is once again pleased to be a presenter at this year's FDR Training Conference, to be held in Orlando on August 13-16, 2018. Mr. Kaplan will be co-presenting three programs, "EEOC Mock Hearing," "Can't We Just Settle This?," and "Free Speech, Religious Liberty and the Federal Workplace." For more information, check out the FDR Training Conference webpage.
Passman & Kaplan Founding Principal Joseph V. Kaplan will be presenting at American University's Ninth Annual Key Executive Leadership Conference, scheduled to occur on June 6, 2018 in Washington, DC. Mr. Kaplan will be co-presenting one program, "Speech in the Federal Workplace: Free or Fettered?" For more information, check out the Key Conference's webpage
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 July 10-12, 2018, in Washington, DC, 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 co-present two programs, "It's a Mixed-Up World: Understanding Mixed Cases," and "Mock Hearing." For more information, check out the EEOC's web page for the EXCEL Conference.