Protecting Workers’ Rights

Focusing on the Rights of Federal Employees

Posts tagged "disabilities"

News from Passman & Kaplan: P&K Founding Principal Joseph V. Kaplan Speaking at SFLERP Annual Symposium

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: P&K Founding Principal Joseph V. Kaplan To Be Presenter at Annual FDR Training Conference in Philadelphia August 12-15, 2019

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.

Developments at the EEOC: P&K Wins Reasonable Accommodation Case

Developments at the EEOC:  On September 26, 2018, the Equal Employment Opportunity Commission's Office of Federal Operations issued its decision in Cleveland C. et al. v. Dept. of Defense, EEOC Appeal Nos. 0120170405-0120170414.  Shifting from prior precedent, the EEOC recognized reasonable accommodation protections for persons suffering from pseudofolliculitis barbae (PB).

News from Passman & Kaplan: Webinar on Disability Rights

News from Passman & Kaplan:  Passman & Kaplan Founding Principal Joseph V. Kaplan will present a webinar on disability issues in the federal workplace on September 13, 2018, at 12:00pm Eastern. The webinar, entitled "Accommodating and Managing Federal Employees with Mental and Intellectual Disabilities" is presented by LRP Publications.  For further information, see LRP Publications' website:

Developments at the EEOC: Final Federal Sector Disability Rule

Developments at the EEOC: On January 3, 2017, the Equal Employment Opportunity Commission (EEOC) published a Final Rule in the Federal Register, 82 Fed.Reg. 654-681.  The Final Rule clarifies the federal government's obligations as a model employer of disabled individuals.

Developments at the EEOC: Class Certification Upheld

Developments at the EEOC:  On February 19, 2015, the EEOC's Office of Federal Operations (OFO) issued its decision in Meyer et al. v. Department of State, EEOC Request No. 0520140506.  OFO upheld class certification for a claim against the State Department (Agency) of alleged disability discrimination in hiring for Foreign Service positions.

News from the Federal Circuit: Untimely Appeal Filing Excused

News from the Federal Circuit:  On February 18, 2015, a panel of the U.S. Court of Appeals for the Federal Circuit issued a precedential split decision in Herring v. Merit Systems Protection Board, ___  F.3d ___, No. 2013-3170.  The majority found 'good cause' to excuse Ms. Herring's untimely filing of her Merit Systems Protection Board (MSPB) appeal, based on delays by Ms. Herring's law firm.

Developments at the EEOC: EEOC Considers Revising Federal Complaints Process

Developments at the EEOC:  On February 6, 2015, the Equal Employment Opportunity Commission (EEOC) published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register (80 Fed.Reg. 6,669-6,671).  In the ANPRM, the EEOC requests public comment on all aspects of its federal-sector EEO complaints adjudication process, potentially contemplating a future revision of that process. 

Developments at the MSPB: No Fees Without Personal Relief

Developments at the MSPB:  On December 18, 2014, the Merit Systems Protection Board issued its decision in Southerland v. Dept. of Defense, 2014 MSPB 88, the third trip to the MSPB for this case.  In rejecting Mr. Southerland's petition for attorneys' fees, the MSPB potentially raised a new dispute with the Equal Employment Opportunity Commission (EEOC) concerning mixed cases.

Developments at the EEOC: Comments Sought on Disabled Federal Employees

Developments at the EEOC:  On May 15, 2014, the Equal Employment Opportunity Commission published an Advance Notice of Proposed Rulemaking in the Federal Register (79 Fed.Reg. 27,824-27,826).  The Notice, entitled "The Federal Sector's Obligation To Be a Model Employer of Individuals With Disabilities" seeks comments from the public on how to implement the federal government's statutory obligation to be a model employer of the disabled.  Comments are due by July 14, 2014.


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