Hostile Work Environment Claim Survives Summary Judgment

We just got a pretty good summary judgment decision in a D.C. District Court case, Herbert v. Architect of the Capitol, Civil Action No. 09-01719 (CKK). The decision is on Lexis, at 2012 U.S. Dist. LEXIS 37129.

It's the first case I can remember in a little while where the D.D.C. has let a hostile work environment claim survive summary judgment, but the case is really a civil procedure case, as she does not actually discuss the merits of the hostile environment claim.

Newsletter Volume: 
Newsletter - March/April 2012
March

Case Remanded Due to Arbitrator’s Failure to Properly Consider PostRemoval Mitigating Factors

On April 10, 2012, the Federal Circuit issued its decision in Norris v. Securities and Exchange Comm’n, No. 2011-3129 (Fed. Cir. Apr. 10, 2012)., vacating and remanding an arbitrator's decision to sustain the removal of Mr. Norris from federal employment. The case was briefed at the Federal Circuit by Michael Kator and Adam Casner of Kator, Parks & Weiser, and argued by Mike Kator.

Newsletter Volume: 
Newsletter - March/April 2012
March

OFO Remands Case to MSPB Involving Complainant’s Disclosure of Documents and Information to EEOC Investigator and His Attorneys

The saga of Marcus Smith is almost over, we hope. In 2005, the Federal Aviation Administration proposed to suspend Marcus for 30 days based on four charges. The first two charges were based expressly on his giving documents and information to the EEO investigator and to us, his attorneys. The third charge was unauthorized removal and possession of a disciplinary memo to his supervisor. The fourth charge was garbage. We won before the Atlanta MSPB with AJ Pamela Jackson.

Newsletter Volume: 
Newsletter - March/April 2012
March

State of Maryland Settles Sexual Harrassment/Assault Suit

We're pleased to announce a settlement in the case Demby et al v. Department of Health & Mental Hygiene et al., No. 1:06-cv-01816-CCB (D. MD) for $425,000 plus extensive programmatic relief in our case against the Maryland Department of Health & Mental Hygiene, the Mental Hygiene Administration, and the Eastern Shore Hospital Center.

Newsletter Volume: 
Newsletter - March/April 2012
March

Judge Issues $5.4 Million Verdict to Former DynCorp Employee

Judge Bruce White, Fairfax Circuit Court Judge, issued the verdict this morning, after three days of trial. The amount was $5,401,555.35 (as of today, with the prejudgment interest). Rod Leffler and I (along with Rod's partner, Alexa Mosley, and my partner, Carla Brown was involved in much of the litigation and motions practice) represented Gerald York, a former employee of DynCorp who was terminated first without cause (under a lay off), and then 10 days later for cause.

Newsletter Volume: 
Newsletter - March/April 2012
March

Jury Awards $650,00 for Constructive Discharge Claim

I am pleased to report that on September 26, 2011, a Montgomery County jury has returned a verdict in5 MWELA MONTHLY Sept./October 2011 the amount of $650,000 for Donna Jackson in her Montgomery Country Code constructive discharge claim against her former employer, Edgewood Management Corporation, after a 5 day trial. Ms. Jackson was represented at trial by MWELA's own Scott Oswald and Nick Woodfield.

– submitted by David Scher

September

Verdict Against WSSC

My partner Tim Maloney, with our associate Joe Creed, won another jury verdict this week against WSSC in Circuit Court for Prince George's County. The Jury awarded our client $637,000.00 ($137,000.00 lost wages, and $500,000.00 compensatory) in this race discrimination case. Here is the link to the Gazette article: http://www.gazette.net/article/20110923/NEWS/709239670/1029 /former-ssc-employee-wins-reverse-discrimination-judgment&template=gazette. This is Tim's second jury verdict against WSSC this year.

September

EEOC Awards Melehy $299,000 in Attorney’s Fees

Lois King v. Leon Panetta, Sec’y Dep’t of Defense, EEOC No. 570-2008-00899X (EEOC WFO Sept. 28, 2011).

I am happy to announce an award of attorney's by EEOC Administrative Judge Cynthia McKnight in the amount of $299,000 in a discrimination case against the Defense Intelligence Agency. The Judge ordered, inter alia, that the Complainant be reinstated and awarded back pay, that her record be expunged, that the Agency pay $75,000 in nonpecuniary damages, and that the responsible management officials attend 16 hours of EEO training.

– submitted by Omar Vincent Melehy

September

Court Grants Equitable Relief to MPD Officers

Frazier Caudle et al. v. District of Columbia, No. 08- 00205 (HHK) (D.D.C. Sept. 1, 2011).

Following a jury verdict in favor of the Plaintiffs, who are Metropolitan Police Department Officers, for unlawful retaliation under Title VII, the U.S. District Court for the District of Columbia granted equitable relief to the Plaintiffs in the form of back pay and an injunction against further retaliation. The Court denied the Plaintiffs’ requests for transfers.

– submitted by Jennifer Klar

September

Hampden Lane Loses Petition for Review of Commission’s Award

On August 25, 2011, I had the oral argument on Hampden Lane's petition for review of the County Commission's decision in our favor on Hampden Lane's ugly retaliatory lawsuit against Anissa Harris. Judge Craven presided. He had read all the pertinent materials, as colleagues predicted, and, though the approached things differently from how we would do it, he did honor the following principle:

September