Damwyk v. Kendall III

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OUTCOME:

More case summaries:

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OUTCOME: Successful

-FELSC assisted an employee of the EEOC with her appeal for Workers Compensation for a work-related injury. When the employee came to FELSC, her OWCP claim had been denied by the OWCP. FELSC provided a ... dditional information to the OWCP and the decision was overturned. The OWCP accepted the employee's injury as compensable. -FELSC recovered over $8,000 in attorney fees against the U.S. Department of Justice as a sanction during litigation. The EEOC Administrative Judge appointed to the case awarded attorney fees early in discovery because DOJ failed to conduct a timely investigation and failed to provide the EEOC and FELSC with a copy of the Report of Investigation. -One week prior to a hearing, FELSC settled a male military employee’s sex harassment case against his female supervisor. FELSC obtained attorney fees and the employee’s desired reassignment to another military base. -A federal employee came to FELSC after he was put on administrative leave and charged with threatening to kill his supervisor. FELSC represented the employee at an internal disciplinary hearing. After the hearing, the agency charged the employee with misusing a government computer. The agency set up a second disciplinary hearing. FELSC represented the employee at the second disciplinary hearing. Shortly thereafter, FELSC filed an EEO complaint on the employee’s behalf. Within one month of filing the complaint, the agency agreed to settle the employee’s case. The agency agreed to (1) drop the internal investigations, (2) close them out with a finding of no wrongdoing, (3) pay attorney fees and back pay, and (4) move the employee to a new supervisor. -In a negotiated settlement, FELSC obtained an award of $2500 in compensatory damages and an upgraded performance evaluation for an employee of a federal defense agency who alleged discrimination based on race, age, gender and retaliation. -In a negotiated settlement, FELSC obtained an award of $5,339 in compensatory damages and an upgraded performance evaluation. -In a negotiated settlement agreement, FELSC convinced a government agency to (1) remove information from an employee's personnel file related to a proposed five-day suspension without pay, (2) restore 40 hours of annual leave, (3) agree to not initiate an investigation of the employee by the Office of the Inspector General, and (4) pay attorney fees. -In a negotiated settlement, FELSC secured expungement of a U.S. Department of Transportation employee’s personnel files and attorney's fees. -FELSC secured a paid early retirement for a U.S. Postal Service employee after the employee was told in writing she was going to be terminated. -FELSC represented a U.S. Postal Service employee at a hearing before the EEOC. After the hearing, the EEOC Administrative Judge awarded the employee $25,000 in compensatory damages for emotional distress arising from retaliation and attorney fees. The Commission also directed that a notice of discrimination be posted at the employee's workplace and that the responsible management officials be required to undergo training to prevent future occurrences of retaliatory conduct. -Just prior to a hearing, an agency agreed to settle the case and agreed reinstate our client. -Just prior to a hearing, an agency agreed to expunge the termination from our client’s personnel record. -In a negotiated settlement agreement with the Department of Justice, we were able to get our client a coveted detail from the Island of Saipan to Florida. -We were able to get the Department of Defense to change a termination to a demotion. -In a reduction-in-force appeal to the Merit Systems Protection Board (MSPB), we were able to negotiate a favorably settlement package for three employees.

Additional case summaries:

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OUTCOME: Successful

-In a negotiated settlement, FELSC secured $98,000 in compensatory damages for a U.S. Department of Homeland Security employee, a transfer to Florida, and plus other benefits. -FELSC represented a U ... .S. Department of Homeland Security employee at an EEOC hearing in Detroit. After the hearing, the EEOC Administrative Judge awarded the employee a retroactive promotion, backpay, $2,000 in compensatory damages, and attorney fees. The Commission also directed that a notice of discrimination be posted at the employee's workplace and that the responsible management officials be required to undergo training. -In a negotiated settlement, FELSC secured $40,000 for a U.S. Department of Justice employee. -FELSC represented a U.S. Postal Service Letter Carrier at an EEOC hearing in Kentucky. After the hearing, the EEOC Administrative Judge awarded the employee compensatory damages for emotional distress arising from the discrimination, harassment, and retaliation. The Commission also directed that a notice of discrimination be posted at the employee's workplace and that the responsible management officials be required to undergo appropriate training to prevent future occurrences of retaliatory conduct. -FELSC represented a U.S. Department of Homeland Security employee at an EEOC hearing. After the hearing, the EEOC Administrative Judge awarded the employee $10,000 in compensatory damages. The Commission also directed that a notice of discrimination be posted at the employee's workplace and that the responsible management officials be required to undergo training. -FELSC represented a U.S. Postal Service employee at an EEOC hearing in Atlanta. After the hearing, the EEOC Administrative Judge awarded the employee $20,000 in compensatory damages and attorney fees. -FELSC represented a U.S. Department of Veterans Affairs employee at an EEOC hearing in Seattle. After the hearing, the EEOC Administrative Judge awarded the employee $10,000 in compensatory damages and attorney fees. The Commission also directed that a notice of discrimination be posted at the employee's workplace and that the responsible management officials be required to undergo training. -FELSC represented a U.S. Postal Service employee at an EEOC hearing in New Orleans. The EEOC Judge awarded the employee $5,000 in compensatory damages. The Judge told the Postal Service to consider imposing discipline on the employees and officials found to have been involved in the violation of the client's rights.

SIMON v. U.S. POSTAL: Postal Service found guilty of race discrimination.

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OUTCOME: Successful

On October 22, 2008, EEOC Administrative Judge Christopher H. Juge, from the EEOC’s New Orleans Field Office, issued a Decision in favor of our client. Administrative Judge Juge found that the U.S. Pos ... tal Service discriminated against our client and subjected her to a hostile work environment under Title VII of the Civil Rights Act of 1964, § 701 et seq., as amended, 42 U.S.C. § 20002 et seq., on the basis of her race (African-American), for at least eight months.

KELLY v. U.S. POSTAL SERVICE: Postal Service discriminated against client based on perceived disability.

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OUTCOME: Successful

On November 17, 2008, Administrative Judge Robert Duffy, from the EEOC’s Atlanta District Office, issued a Decision on liability in favor of our client. On November 18, 2008, Judge Duffy issued his be ... nch decision on damages. Judge Duffy found that the U.S. Postal Service discriminated against our client based on disability and retaliated against her for engaging in the EEO process.

BATSON-RILEY v. DEPARTMENT OF VETERAN AFFAIRS: VA culpable for retaliating against employee.

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OUTCOME: Successful

On June 15, 2009, EEOC Administrative Judge Steven Gaffin, out of the EEOC’s Seattle Field Office. issued a Decision in favor of our client. Administrative Judge Gaffin found that the U.S. Department ... of Veterans Affairs retaliated against Complainant under Title VII of the Civil Rights Act of 1964, § 701 et seq., as amended, 42 U.S.C. § 20002 et seq., when it retaliated against her.

ARTHUR v. COMMERCE: Attorney fees awarded in the middle of the hearing, as a sanction against the Commerce.

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OUTCOME:

On November 3, 2009, Marianna Warmee, an Administrative Judge from the EEOC’s San Francisco District Office, issued an Order in the middle of the hearing sanctioning the agency for its failure to compl ... y with her prior Order granting Complainant's Motion to Compel. Administrative Judge Warmee stopped the hearing and ordered the agency to reimburse our client for any attorney fees and costs incurred in relation to resolving the discovery dispute at issue, including any travel costs incurred by having to return to Billings, Montana to cross-examine the agency's remaining witnesses.

BENSON V. DEPARTMENT OF DEFENSE: Granted request to void settlement agreement.

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OUTCOME: Successful

On February 3, 2012, the EEOC’s office of Federal Operations granted our request to void a settlement agreement and remand the case back to the agency for processing. When we met the client, he had si ... gned a settlement agreement and regretted doing so. On appeal, we successfully argued that the agreement should was void because it failed to contain language which protected our client. The Office of Federal Operations held that the agency failed to comply with the requirement of the Older Workers Benefit Protection Act because the settlement agreement makes no reference to the complainant's ADEA claim and does not indicate that the complainant was waiving his rights under the ADEA be executing the settlement agreement. Because the settlement agreement lacked express OWCPA language, the Office of Federal Operations found that the agreement was void. The case was remanded back to the agency for processing.

LANE-PORTER v. U.S. ARMY: Client awarded $80,000 plus four years backpay.

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OUTCOME: Successful

On February 22, 2012, an Equal Employment Opportunity Commission, Washington Field Office Administrative Judge found in our favor in a rare “default judgment.” Judge Abigail Coleman, who was assigned t ... o the case, issued an “Order Entering Default Judgment Against the Agency.” In this case, the Army representative failed to comply with the Judge’s discovery orders. We aggressively litigated the case, filed numerous sanctions motions against the agency, and pointed out the Army’s failure to comply with the Administrative Judge’s Orders. Administrative Coleman granted our motion for sanctions and ordered the agency to pay the client’s attorney fees. After filing three Motions for Sanctions and a Motion for Default Judgment against the agency for continued failure to comply with the Judge’s orders, the EEOC granted our Motion for Default Judgment. The Judge found in our favor on all counts, without a hearing, because the agency failed to cooperate and follow the Judge’s orders. The client was awarded reinstatement, back pay for four years, $80,000 and other relief.

WELLARD v. DOJ: $70,000 awarded in compensatory damages; DOJ liable for disability discrimination and reprisal.

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OUTCOME: Successful

On March 30, 2012, after a lengthy liability and damages hearing, Administrative Judge Richard E. Schneider, of the EEOC’s Washington Field Office, issued a Decision on Liability in favor of the Compla ... inant. Judge Schneider found that the U.S. Department of Justice (DOJ), Federal Bureau of Investigation (FBI), discriminated against our client because of her disability (mental and physical) and retaliated against her for engaging in prior EEO when: 1) the granting of her reasonable accommodation request was delayed or denied by the agency; and 2) she was subjected to a hostile work environment. AJ Schneider held that the FBI discriminated against our client when it failed to ensure that Complainant had an accessible entrance into the Pocatello facility; failed to ensure that devices, such as automatic door openers, were in good working order; delayed and denied providing appropriate office equipment and furniture; and failed to provide a better location to allow her to take naps during the day. The AJ found that the agency subjected our client to a hostile work environment on the basis of her disability when the agency told her co-workers not to talk to her, questioned her honesty and integrity, and publicly embarrassed her. The Administrative Judge held a separate hearing to determine damages. After that hearing, he ordered the FBI to provide complainant with specific reasonable accommodations, including a quiet place to nap during the day, a proper ergonomic chair, and proper wheelchair access through the front entrance of the facility. The Administrative Judge also awarded our client back pay, restoration of leave, $70,000 in non-pecuniary compensatory damages for emotional harm, among other relief.