Radtke v. Lifecare Management Partners

Jan 01, 2015

OUTCOME: Affirmed the jury verdict in my clients'favor in a claim brought under the Fair Labor Standards Act..

Steele v. Johanns, 535 F.3d 689 (D.C. Cir. 2008)

N/A

OUTCOME: Plaintiff/Appellant prevailed on appeal.

D.C. Circuit reversed district court's grant of summary judgment on hostile work environment and retaliation claims. First, in determining that several of Steele's claims were time-barred, the court f ... ailed to acknowledge that a genuine issue of material fact existed as to the date of Steele's contact with an EEO counselor. Second, the district court's rejection of Steele's constructive discharge claim on the ground that she did not show working conditions "so intolerable, so aggravating, that any reasonable person would have felt compelled to quit," simply did not address whether Steele successfully made the lesser showing that she experienced severe or pervasive harassment that altered the conditions of her employment. Third, in Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), the Supreme Court expressly rejected the "adverse employment action" standard for retaliation claims, which was the standard applied by the district court in this case.

Thompson v. DC Lottery Control Board

N/A

OUTCOME: Successful appeal to the D.C. Circuit

Mr. Thompson was the head of security for the Lottery. He was widely seen as a gadfly --- as a result of doing his job. The Executive Director fired him from his job by adding a position to a schedu ... led reduction in force and then, the next day, transferring Mr. Thompson into the doomed position. The trial court dismissed the case, but the U.S. Court of Appeals for the District of Columbia Circuit reversed. The case remains pending.