Passman & Kaplan, P.C. concentrates its practice in employment, labor and discrimination law, specializing in Federal Civil Service law.
NSPS Can't Impose New Probationary Period
The MSPB held that an employee could not be required to complete a new NSPS probationary period in Dodson v. Navy, 2009 MSPB 113 (6/17/09). The appellant had been terminated because of her work performance and conduct during her NSPS probationary period.
Full Story
| Published: July 1, 2009
Off-Duty Conduct Issue Addressed
In an unusual case, the U.S. Court of Appeals for the Federal Circuit in a split decision reversed the MSPB and held that an FBI agent should not be fired for secretly taping his sexual encounters with three women, including two coworkers. Doe v.
Full Story
| Published: June 24, 2009
Federal Legal Corners: Premium Pay for Part-time Employees
The U.S. Court of Appeals for the Federal Circuit recently overruled the U.S. Court
of Federal Claims in holding that part-time employees are entitled to Sunday premium
pay under 5 U.S.C.
Full Story
| Published: June 10, 2009
EEOC Awards $75,000 in Damages
In Coffee v. U.S. Department of Defense, EEOC Appeal No.
Full Story
| Published: June 3, 2009
Attorney Fees in Settlement Upheld
In Dahlman v. Consumer Product Safety Commission, EEOC Appeal No. 0720090004 (March 18, 2009) the Equal Employment Opportunity Commission ordered the agency to comply with the terms of a settlement agreement in which it agreed to pay attorney fees and costs to resolve a claim under the Equal Pay Act of 1963 (EPA), 29 U.S.C.
Full Story
| Published: May 27, 2009
EEOC Upholds Finding of Discrimination
The Equal Employment Opportunity Commission's Office of Federal Operations upheld an administrative judge's (AJ) finding that the Department of Navy discriminated against an employee on the basis of race when it failed to select her for a position. Parker v. Navy, EEOC Appeal No.
Full Story
| Published: May 13, 2009
Settlement Agreement Bars Disclosure
On January 23, 2009, the Merit Systems Protection Board issued its decision in Cunningham v. Office of Personnel Management, 2009 M.S.P.B. 5.
Full Story
| Published: May 6, 2009
No Court Jurisdiction on Award Decision
In a controversial split decision, a U.S. Court of Appeals held that a plaintiff could not challenge his failure to receive a coveted Presidential Rank Award that includes a monetary bonus because no adverse employment actions occurred. Douglas v.
Full Story
| Published: April 29, 2009
Denial of Medical Clearance
In its recent decision in Katz v. Department of State, Appeal Nos. 0720060024 and 0720060025 (3/26/09), the Equal Employment Opportunity Commission issued a number of important holdings concerning disability discrimination.
Full Story
| Published: April 15, 2009
Hearing-Aid Policy for Court Officers
Three recent federal court decisions foreshadow the likely forthcoming changes to a string of cases upholding the ban of hearing aids during annual physical testing for the Court Security Officers (CSO) of the U.S. Marshals Service (USMS). As background, it should be understood that this ban was first implemented in 2002 by the USMS through an annual physical test for the CSO position, which includes a hearing test.
Full Story
| Published: April 1, 2009