Nicole Nualart v. Department of Homeland Security, Merit Systems Protection Board (“MSPB”) No: DC-0752-23-0084-I-2 (2024)
Jan 12, 2024
OUTCOME: Trial Win
Prevailed on an MSPB decision mitigating a termination to a twenty one day suspension and reversed a lack of candor charge.
Discrimination
Leland L. Cogdell, Jr. v. Murphy, United States District Court, District of Columbia, No: 19-2462 (RC) (2023)
Sep 29, 2023
OUTCOME: Defeated Summary Judgment Twice - Settlement of $125,000 and attorney fees and costs.
Represented GSA employee with multiple disabilities including severe ADHD and autism who was denied a job coach as a reasonable accommodation request submitted by his psychotherapist. The government fa...iled to respond to the request and contended that its other accommodations satisfied the request. Prior to retaining Morris E Fischer, LLC, Mr. Cogdell litigated his case, with a well-known, competitor law firm and lost before the EEOC and lost at hearing. The federal case, the case in which we provided representation, involved four expert witnesses, including two psychiatrists, who each provided very complicated medical testimony on psychiatric testing and treatment, and two Summary Judgment motions made by the government that were both successfully defended.
Wrongful termination
Victor McKoy v. DC Department of Employment Services, OEA Matter 1601-0053-22 (2023)
May 02, 2023
OUTCOME: Won Case on Summary Judgment
Prevailed on Summary Judgment on a wrongful termination due to disability and failure to grant a reasonable accommodation.
Employment and labor
Losito v Mayorkas, Office of Federal Operations (“OFO) Appeal, No: 2022000740, EEOC No: 570-2021-00363 (2022)
Nov 02, 2022
OUTCOME: Won Appeal
Prevailed on an OFO appeal on a complicated issue dealing with the effective date of a personnel action regarding the termination of a temporary promotion.
Wrongful termination
Appellant v Department of Homeland Security, MSPB (2022)
Sep 23, 2022
OUTCOME: Trial Win
Obtained an MSPB decision mitigating a termination to a thirty day suspension.
Mr. Borges-Silva was a high performing communications officer in the EPA's Office of Pesticide Programs. He was the chief agent responsible for responding to webmail, national press inquiries and the p...roduction of press packages for high level pesticide developments. A new supervisor somehow found my client's work substandard and began nit-picking at his webmail responses that were otherwise excellent. Four female co-workers testified in Mr. Borges-Silva's overwhelming knowledge, congeniality, excellent work habits and his teamwork. When my client complained about gender discrimination, he was placed in an Opportunity to Demonstrate Acceptable Performance ("ODAP") (the EPA's version of a Performance Improvement Plan). the Court found that my client was a victim of Title VII discrimination, retaliation. and that he should have never been placed on the ODAP.
Employment and labor
Michelle Williams v. Morgan State University, United States Court of Appeals for the Fourth Circuit, 19-2477
Mar 18, 2021
OUTCOME: U.S. Fourth Circuit Court of Appeals - Lower Court's decision vacated and remanded in part
Our client, Michelle Williams, was a Director of Broadcast Operations and oversaw Morgan State University’s broadcast operations, including the radio station (WEAA 88.9 FM), BEAR TV, campus television ...station and student run radio station (WMUR). The case involved retaliation against Ms. Williams for refusing to interfere with the 2016 Baltimore City Mayoral election by favoring a candidate at a debate. It also involved retaliation for Ms. Williams refusing to endorse certain university operating expenses she deemed wasteful.
In a case teaming up with Daniel E. Kenney, Esq., a former senior associate of Morris E. Fischer, LLC, we navigated a very complicated case involving issues of law involving retaliation in violation of the National Defense Authorization Act for Fiscal Year 2013, 41 U.S.C. 4712 and Section 1553 of the American Recovery and Reinvestment Act of 2009 Pub. L. No. 111-5, 123 Stat. 115, 297-302. After a dismissal by the Maryland Federal District Court, The Fourth Circuit Court of Appeals remanded the case on the complex issue of waiver of sovereign immunity by the State of Maryland.
Discrimination
Kayimbi Tubajika v. U.S.D.A., EEOC No: 570-2020-00701X
Mar 10, 2021
OUTCOME: Race Discrimination Case - Summary Judgment Defeated
Our client, Dr. Kayimbi Tubajika, an internationally recognized Plant Pathologist expert, with a Ph.D in Plant Pathology, more than twenty eight years of field experience, 50 published peer reviewed ma...nuscripts, 95 proceedings and abstracts, and 21 technical bulletins, was passed over for a GS-14 Program Coordinator position. The USDA claimed that he lacked budgeting experience, totally untrue. Furthermore, the selecting official changed the job qualifications, linking a new key attribute of “budgetary experience” to match the resume of the White male she promoted instead. Following the Court’s denial of the Agency’s Summary Judgment motion, settlement talks ensued.
Discrimination
Quintero v. Barr, Dep't of Justice, Bureau of Prisons, EEOC 480-2020-00405X
Oct 08, 2020
OUTCOME: Confidential Settlement Agreement
We represented Rafael Quintero, a Bureau of Prisons Federal employee who was passed over for selection of a Correctional Counselor position in Los Angeles on two occasions. On one occasion, the selecti...ng officer made disparaging marks about Mr. Quintero's medical condition. On the other, management specifically stated they wanted a female for the position, a Title VII, gender discrimination violation. The case resulted in a confidential settlement agreement.
Discrimination
Carter v. Dhillon, 1:19-cv-00080-ACK-KJM
Sep 08, 2020
OUTCOME: Confidential Settlement Agreement
We represented a former U.S. Drug Enforcement Administration, GS-13, Intelligence Analyst in the United States Federal Court, in Honolulu, Hawaii. Our client, a woman, had a long and dedicated career o...f military and federal, civil service prior to accepting a position in Hawaii, where her work assignments were diminished, she was disparaged due to her gender and disability, ridiculed, marginalized at meetings and her co-workers were directed not to allow her to assist them with analysis, which was her job. After a year of litigation at the Federal level, our client obtained a confidential settlement.