News from Passman & Kaplan: Passman & Kaplan Founding Principal Joseph V. Kaplan appeared on a panel at the Midwinter Meeting of the American Bar Association's Section of Labor and Employment Law, Federal Sector Labor and Employment Law Committee on March 9, 2020 in Washington, DC. The topic for Mr. Kaplan's panel was "Telework in the Federal Workplace." For more information on the Midwinter Meeting, check out the ABA's website.
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, PA on August 12-15, 2018. Mr. Kaplan will be presenting the program, "The Accommodations Managers Love to Hate: Leave, Telework, and Reassignment as Reasonable Accommodations," and also co-presenting two additional programs, "EEOC Mock Hearing," "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.
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: 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 30-August 1, 2019 in Atlanta, GA, 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 two programs, "Hold Your Tongue: The First Amendment and Employee Speech" and "Reprisal: Know It! Avoid it!", and will participate in a panel discussion, "It's a Mixed-Up World: Understanding Mixed Cases." For more information, check out the EEOC's web page for the EXCEL Conference.
News from Passman & Kaplan: Lawdragon has named P&K Founding Principals Edward H. Passman and Joseph V. Kaplan to its 2019 list of 500 Leading Plaintiff Employment Lawyers. Lawdragon describes this second annual list as "a stellar collection of lawyers from coast to coast who have dedicated their careers to protecting workers and unions" who were selected "through submissions, research and journalistic vetting." Mr. Passman and Mr. Kaplan also appeared in Lawdragon's first list of 500 Leading Plaintiff Employment Lawyers in 2018.
News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the Equal Employment Opportunity Commission's Office of Federal Operations on June 11, 2019. 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. For additional details or to register, see the ABA's website.
News from Passman & Kaplan: Passman & Kaplan Founding Principal Edward H. Passman will be speaking at the Federal Circuit Bar Association's United States Merit Systems Protection Board Summit, scheduled to occur in Washington, DC on May 19, 2019. Mr. Passman will appear in the panel discussion, "Settlements Under Executive Order 13839". This panel will be discussing the ramifications of Executive Order 13839 (previously analyzed in this blog) on settlement negotiations in proceedings before the MSPB. For more information on the Summit, check out the Federal Circuit Bar Association's website.
News from Passman & Kaplan: Passman & Kaplan Founding Principal Joseph V. Kaplan will be presenting at the 46th Annual Symposium of the Society for Federal Labor & Employee Relations Professionals (SFLERP), to be held in Arlington, VA on April 11-12, 2019. Mr. Kaplan will be speaking on "Managing Employees with Mental and Psychiatric Disability." For more information, check out the SFLERP website.
News from Passman & Kaplan: Passman & Kaplan Principal Andrew J. Perlmutter will be moderating a panel discussion with staff from the U.S. Merit Systems Protection Board on May 21, 2019. The discussion, "Latest Developments at the Merit Systems Protection Board CY 2018 Year in Review", is sponsored by the American Bar Association, Section on Administrative Law and Regulatory Practice, Government Personnel Committee. For additional details or to register, see the ABA's website.
News from Passman & Kaplan: Washingtonian Magazine has named Passman & Kaplan Founding Principal Joseph V. Kaplan one of Washington DC's "Best Lawyers" for 2018. The magazine's December 2018 edition identifies top lawyers by areas of practice. Mr. Kaplan is listed in the "Employment Plaintiffs" category. This is not the first time that Washingtonian has recognized Mr. Kaplan as one of Washington DC's Best Lawyers. Mr. Kaplan was named as a top DC lawyer by Washingtonian Magazine in 2017, 2015, 2013 and 2011. Prior to this year, Washingtonian Magazine ran its Top Lawyers feature every two years.