Firm Updates

July 14th, 2021

Senior Associate Alexis Tsotakos, Esq. and Counsel Julie Gold, Esq., were featured on HR Drive regarding a presentation the pair gave with Supervisory Administrative Judge Stephanie Herrera at the 2021 EEOC EXCEL Conference.  Ms. Tsotakos and Ms. Gold’s presentation focused on the intertwining responsibilities pf employers under the ADA and FMLA.  Ms. Gold discussed the distinctions between the FMLA’s and ADA’s definitions of serious health conditions and disability, respectively, and an employer’s obligation to accommodate an employee through reassignment. Meanwhile, Ms. Tsotakos discussed employers’ responsibilities in requesting medical information.  HR Drive summarized Ms. Gold and Ms. Tsotakos’ presentation to provide employers with information about their legal requirements when an employee gets injured.   To read the article, click here.

June 1st, 2021

Gilbert Employment Law, P.C. is excited to announce that as of June 2021, the attorneys and staff of Passman & Kaplan are joining Gilbert Employment Law, P.C. 

Passman & Kaplan, P.C. and Gilbert Employment Law, P.C. have been two of the most successful and influential law firms representing federal government employees throughout the nation. After the untimely passing of our good friend and colleague Joseph Kaplan last year, it was apparent that an association such as this was in the best interest of Passman & Kaplan clients.

Edward H. Passman will be assuming the title of Senior Counsel as Passman & Kaplan merges into Gilbert Employment Law. Andrew J. Perlmutter is joining Gilbert Employment Law as counsel. Additionally, Nicole Davis and Jeanette Williams have joined the staff of Gilbert Employment Law, to continue to provide the excellent and attentive legal services clients of Passman & Kaplan know to expect.

Gary M. Gilbert, founder and President of Gilbert Employment Law, stated, “We are thrilled to have the opportunity to work with Ed Passman and Andrew Perlmutter.  I have, for many years, described Ed as an icon in the field with unparalleled knowledge and skill in all aspects of federal employee rights and protections.  He has been a great source of inspiration for plaintiff side practitioners throughout his career.  Andrew is also well known for exceptional skill in federal sector plaintiff work and has contributed to the high quality representation in the field, not just at P&K, but for all federal sector practitioners, through his leadership in planning and participation in delivering trainings, seminars and conferences.”

May 13th, 2021

Partner Shannon Leary, Esq. was featured in a news story in Florida’s Miami Herald regarding sexual harassment claims against the Department of Veterans Affairs (VA). Ms. Leary, who has brought successful cases against the VA on similar issues, discussed the potential liability of the Agency given the named harasser’s documented history of assault and harassment in his prior employment. Ms. Leary explained that the VA’s knowledge of the harasser’s history was relevant because “the [VA] was on notice so to speak given the employee’s background.”  To read the article, click here. For more information about Ms. Leary’s recent success before the Equal Employment Opportunity Commission in a case involving sexual harassment at the VA, click here. 

On April 28, 2021, the Department of Transportation and Federal Aviation Administration agreed to a record-breaking $43.8 million settlement to end a 16-year-old lawsuit alleging discrimination against 672 former Flight Service Specialists who live in nearly all 50 states. The settlement, the largest ever reached in an age discrimination lawsuit involving the federal government, concludes this ligation.

“It has been a long journey, but I am thrilled that justice will finally be served in this case,” Kathleen Breen, one of the affected former employees, said in a statement. “Sixteen years ago, I lost my job due to a discriminatory choice by our federal government, despite our loyalty and commitment to keeping our skies safe. The consequences of that decision are still with so many of us to this day, which is why we never gave up our fight.” Gary Gilbert, one of the lead counsel for the Plaintiffs stated that this “was among the most egregious acts of mistreatment of employees by our government that I have seen in my more than 40 years of practice.”

Gilbert Employment Law, P.C. believes that this case should serve as a reminder that no federal agency is above the law and violating the rights of federal employees will have serious consequences.

Case Background

In 2005, the FAA conducted a Reduction in Force (RIF) by which it terminated its Flight Service Specialist workforce, who provide critical information to pilots about meteorological and aeronautical conditions before and during flights. The FAA contracted out this service to Lockheed Martin later that year. The RIF, coupled with the general inability of these older workers to remain employed with the FAA, wreaked havoc on the lives of the Flight Service Specialists, many of whom were only a few years shy of obtaining their pension benefits at the time the FAA proceeded with its mass layoff. More than 90% of these workers were over the age of 40. This lawsuit alleged that the FAA’s decision to conduct the RIF was because the FAA viewed the Flight Service Specialists as an “aging” and “retirement eligible workforce,” meaning that keeping older workers would make it more difficult to train and recruit new people, while also causing the government to pay out full retirement benefits – motivations driven by age discrimination, in violation of the Age Discrimination in Employment Act (ADEA). 

This lawsuit was filed on September 30, 2005 in the U.S. District Court for the District of Columbia on behalf of hundreds of Flight Service Specialists who were terminated by the FAA through the RIF. Discovery was conducted, and the parties filed motions for summary judgment in 2007 asking the Court to rule on the case without a trial, but the Court did not rule on those motions. In April 2016, the case was reassigned to U.S. District Court Judge Paul L. Friedman.

Gilbert Employment Law, P.C., as well as Cohen, Milstein, Sellers & Toll PLLC joined the case in April 2016 and filed a renewed opposition to the FAA’s summary judgment motion, as well as motions to permit more former Flight Service Specialists who were affected by the RIF to join the lawsuit.

In May 2017, the Court denied the FAA’s motion for summary judgment as to Plaintiffs’ claims of intentional discrimination, and subsequently permitted hundreds of additional Flight Service Specialists to join the case. The case came close to trial just before the COVID-19 pandemic struck the United States in early 2020, and the Parties ultimately pursued mediation to reach a settlement.

The Plaintiffs were represented by lead counsel Gary Gilbert of Gilbert Employment Law, P.C., and Joseph Sellers of Cohen Milstein. Linda Kincaid, Michal Shinnar, Shannon Leary and Lenore Garon of Gilbert Employment Law, P.C., and Brian Corman of Cohen Milstein represented the Plaintiffs as well.

The original lawsuit is styled: Breen et. al. v. Buttigieg, et. al., 1:05-cv-00654-PLF, U.S. District Court for the District of Columbia. 

It is with the utmost sadness and grief that I advise you that my very good friend, colleague and revered mentor, Ernie Hadley, passed away quite suddenly.  I have said innumerable times that in my professional life, the single most enjoyable aspect has been the many, many times I have shared the podium with Ernie.   There was no second most enjoyable aspect, as the time with Ernie eclipsed every other professional experience.

 His wonderful wit and insight into the practice of law made every moment with him an immeasurably rewarding experience.  His optimism and professionalism were contagious.  He was generous with his time and served as a mentor to many of the lawyers in the firm as he was one of the finest legal writers I have ever known.  Perhaps his years as a journalist prior to turning to the law accounts for his remarkable ability to say in a few pages of a brief that which most of us required far more verbiage. 

 He was a founding director of the Federal Employment Law Training Group, author of numerous publications (including the bible of federal sector employment law, A Guide to Federal Sector Equal Employment Law and Practice) and among the most talented and entertaining presenter at conferences.  Ernie presented more than a thousand seminars, trainings, speeches and other presentations on various aspects of employment discrimination law and workplace rights and responsibility, including on the topics of prevention of workplace harassment, understanding the employer’s obligation to provide reasonable accommodation to persons with a disability, creating and maintaining the workplace free from discrimination, and many other topics. 

Most importantly, he was a friend to everyone who knew him and was generous with his time and advice to up and coming EEO practitioners.  In recent years, Ernie mostly retired from the practice of law (although he still did seminars with us and helped lawyers in the firm as needed) and moved to Lunenburg, Nova Scotia, where he and his wife, Annie opened a small publishing firm, Nevermore Press, that concentrated on publishing the works of local fiction and nonfiction authors.  His friendship is something I will always cherish.  I will miss you greatly, Ernie.   – – Gary Gilbert

Partner Shannon Leary, Esq. was featured on Fox31 and Channel 2 news in Colorado regarding her recent victory before the Equal Employment Opportunity Commission. Ms. Leary along with Attorneys AJ Hill and Gary Gilbert represented nurses Kathy Bennett and Josephine Zahn in their complaint of sexual harassment against the Department of Veterans Affairs. Regarding the Administrative Judge’s favorable decision Ms. Leary said, “I hope that decisions like this will help people feel empowered to know that there are people who will listen to them even if it takes a long time, as this process does. There are people who will listen to them, and there are people who will stand behind them as to help them – give more strength to their voice – as they try to maneuver through the system.” To read more from Colorado News click here and to read more about the decision click here.