Passman & Kaplan, P.C. concentrates its practice in employment, labor and discrimination law, specializing in Federal Civil Service law.
Default Judgment against Agency
In a recent decision, EEOC upheld an administrative judge's (AJ) decision to sanction the Social Security Administration for failing to develop a factual record before hearing and for not following the AJ's specific orders. See Fox v. Social Security Administration, EEOC Appeal No.
Full Story
| Published: February 3, 2010
Discipline for Off-Duty Conduct
On January 15, 2010, the Merit Systems Protection Board issued its latest decision in the long-running case of Doe v. Department of Justice, 2010 M.S.P.B. 16.
Full Story
| Published: January 26, 2010
Equal Pay Act Plaintiffs Must Prove Sex Discrimination
In Yant v. United States, No. 08-CV-077 (Fed.
Full Story
| Published: January 20, 2010
Denial of Reasonable Accommodation
The EEOC held that a complainant was unlawfully denied reasonable accommodation while recovering from a stroke, forcing him to take disability retirement and endure serious financial hardship. Blount v. Dept.
Full Story
| Published: January 13, 2010
Breach of Settlement Agreement
In a recent decision, the EEOC held that the Transportation Security Administration breached a settlement agreement with a former security officer when it did not give him the same opportunity to pass a medical exam that it gave other applicants. Brooks v. Department of Homeland Security, EEOC Appeal No.
Full Story
| Published: January 6, 2010
Notice of EEO Deadline
In an unpublished decision, the U.S. Court of Appeals for the 11th Circuit held that an employee who sees a poster in the workplace providing information on how to file an EEO complaint is on constructive notice of the deadline for filing such a complaint. Gaillard v.
Full Story
| Published: December 30, 2009
Interference with EEO Process
On September 22, 2009, the Equal Employment Opportunity Commission's Office of Federal Operations issued its decision in James v. Dept. of Agriculture, EEOC Appeal No.0120073831.
Full Story
| Published: December 23, 2009
Time Limits for EEO Complaints
In a recent United States District Court decision, the court denied the Government Printing Office's motion to dismiss and waived an employee's untimely EEO contact and filing of a formal EEO complaint. Hairston v. Tapella, Civil Action No.
Full Story
| Published: December 16, 2009
Eligibility for Sensitive Position
In Crumpler v. Department of Defense, 2009 MSPB 224 (November 2, 2009), the Merit Systems Protection Board (Board) found that the rule in Department of the Navy v. Egan, 484 U.S.
Full Story
| Published: December 9, 2009
Discrimination against Applicant
The EEOC recently ruled that the State Department discriminated against an applicant for a junior office position with the Foreign Service because he was regarded as mentally disabled. Bitsas v. State Department, EEOC Appeal No.
Full Story
| Published: December 2, 2009