Washington, DC
Employment and labor Lawyer at Washington, DC
Practice Areas: Employment & Labor, Government
OUTCOME: Attorney Mahoney WIns EEOC SES Nonselection Case for Federal Employee
Attorney John P. Mahoney won a finding of discrimination and an award of full relief, with retroactive promotion to the SES level, backpay, compensatory damages, and attorneys fees in excess of $100,00 ... 0, in a federal employee sex discrimination case before the EEOC.
OUTCOME: Attorney Mahoney won a finding of discrimination and an award of full relief, with backpay and compensatory damages in excess of $100,000
Attorney John P. Mahoney won a finding of discrimination and an award of full relief, with backpay and compensatory damages in excess of $100,000, in a Wage Grade-level federal employee "direct evidenc ... e" race and perceived disability discrimination case before the EEOC. In "The DIGEST Of Equal Employment Opportunity Law," the EEOC said the following about Attorney Mahoney's victory in the Flythe decision: PATTERN OF DISCRIMINATION FOUND IN AGENCY'S PERSONNEL PRACTICES Discrimination was found based on perceived disability (stutter) and race (Black) against complainant, a temporary Electronics Mechanic, from 1986 until his termination in 1993. He had not been selected for supervisory and other positions. The Commission found that complainant was subjected to a pattern and practice of the agency's converting white, nondisabled employees to permanent status over a seven-year period during which time complainant was not afforded the same opportunity. The Commission further stated that a discriminatory motive existed throughout complainant's chain of command at the agency against complainant and other Black employees. In addition, with regard to the agency's not selecting complainant for a higher-graded position, the Commission found that there was substantial evidence in the record to support the AJ's finding that the agency regarded complainant as an individual with communication difficulties that substantially limited him in the major life activity of speaking. In this regard, the Commission noted the comments of the selecting official that he was "bothered" by complainant's speech impediment and that one of the reasons complainant was not selected for the higher position was communication. It was also this official who the Commission noted had referred to Black employees as "boy." The Commission found that this official did not unequivocally deny these as well as other statements. The Commission awarded complainant monetary relief, including $30,000 in nonpecuniary damages for emotional distress. In supporting its award, the Commission declared "that the present case does not solely deal with a nonselection for a position. Indeed, the case involves a series of nonselections which culminated in complainant's failure to convert to permanent status and his ultimate termination from his seven-year temporary employment with the agency." The Commission also provided other relief including ordering retroactive placement in a permanent Electronics Mechanic position.
OUTCOME: Attorney Mahoney Wins Novel Due Process MSPB Appeal for Class of Disabled Federal Employees
Attorney John P. Mahoney successfully argued an appeal of first impression before the United States Court of Appeals for the Federal Circuit, resulting in the creation of new due process rights for a c ... lass of disabled Federal employees, the reversal of his Client's removal from federal employment, with full relief, as well as the reversal of several MSPB decisions and an OPM regulation.
OUTCOME: Attorney Mahoney won this case of first impression as the first case awarding compensatory damages under the Privacy Act, 5 U.S.C. § 552a
Attorney John P. Mahoney successfully tried, as an attorneys of record, a federal employee's case of first impression before the U.S. District Court for the District of Columbia, which was the first ca ... se awarding compensatory damages under the Privacy Act, 5 U.S.C. § 552a.
OUTCOME: Attorney Mahoney Won a Class Action in D.D.C., receiving a multi-million dollar backpay award for all retired U.S. Park Police
Attorney John P. Mahoney successfully prosecuted and argued a motion for summary judgment in a multi-million dollar class action against the U.S. and D.C. Governments in the U.S. District Court for the ... District of Columbia on behalf of a class of all (over 400) retired U.S. Park Police officers, which case was covered in the press.
OUTCOME: 42 U.S.C. Section 2000e-16 amended to cover Smithsonian Institution
John P. Mahoney co-authored a petition for writ of certiorari to the Supreme Court of the United States as an attorney of record in a case, which, with the assistance of AFGE, helped lead to legislatio ... n treating the Smithsonian Institution as an agency under Title VII of the Civil Rights Act