Passman & Kaplan, P.C. concentrates its practice in employment, labor and discrimination law, specializing in Federal Civil Service law.
No Bias Found in Non-Selection
In Culpepper v. Department of Agriculture, No. 10-2627 (8th Cir., December 28, 2011), a U.S.
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| Published: February 1, 2012
Performance Standards Upheld
The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision of the Merit Systems Protection Board which had in turn previously affirmed the Social Security Administration's removal of an employee for deficient performance. In Salmon v.
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| Published: January 25, 2012
Agency Made ‘Illusory' Promise
The Equal Employment Opportunity Commission's Office of Federal Operations (OFO) recently threw out a settlement agreement between the Social Security Administration (SSA) and complainant George Davidson on the grounds that the settlement was based on a promise by the agency that it knew it couldn't possibly keep. The 2007 settlement required Davidson to withdraw his complaint, and in exchange the agency promised to give him priority consideration for an ALJ position in the SSA Baltimore hearing office as soon as the agency determined there was a vacancy. The EEOC struck this down because the settlement was based on “a promise the agency would only be optionally required to keep.” George Davidson v.
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| Published: January 18, 2012
Settlement Can Waive USERRA Rights
In a case of first impression, Landers v. Dept. of the Air Force, 2011 MSPB 99 (November 30, 2011), the Merit Systems Protection Board has held that a federal employee may waive rights to pursue a claimed violation of the Uniform Services Employment and Reemployment Rights Act (USERRA) in a settlement agreement that contained a waiver of all employment disputes.
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| Published: January 11, 2012
Supporting a Hostile Work Environment Claim
On December 13, 2011, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Baird v.
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| Published: January 5, 2012
Appeal Rights of Probationers
A U.S. Court of Appeals recently affirmed the MSPB's dismissal of a probationer's appeal which was based on pre-employment conditions for terminating his employment. Ahmed M.
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| Published: December 22, 2011
Duty to Provide Reasonable Accommodation
In Sigiefredo Sanchez v. Dep't of Energy, 2011 MSPB 95 (11/22/11), the plaintiff was removed from his position of emergency operations specialist in the transportation and emergency control center of the agency's National Nuclear Security Administration office of secured transportation, on charges of failure to maintain a condition of employment. The position required certification under the agency's Human Reliability Program (HRP).
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| Published: December 14, 2011
Religious Discrimination and Reprisal
In Walker v. EPA, No. 0120112853 (October 6, 2011), the EEOC’s Office of Federal Operations affirmed the decision of the Environmental Protection Agency to dismiss an EPA scientist’s claims of religious discrimination and reprisal for failure to state a claim.
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| Published: December 7, 2011
Denial of Promotion Claim
The U.S. District Court for the District of Columbia recently dismissed a discrimination claim against the Department of the Treasury based on failure to promote due to untimely EEO contact. Margaret Elaine Rand v.
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| Published: November 30, 2011
Jurisdiction Over Reprisal Mixed Cases
On November 1, 2011, the U.S. Court of Appeals for the Federal Circuit issued its decision in Diggs v. Dept.
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| Published: November 23, 2011