Firm News

On July 30, 2021, Judge Amy Berman Jackson from the District Court for the District of Columbia awarded Gilbert Employment Law, P.C. clients Ms. Lilian Martinez and Ms. Carmen Recinos $894,245.00 and $782,650.00, respectively, for their discrimination and tort claims against their former employer Gali Services Industries Inc., et al.  ​On October 2, 2020, Judge Jackson found Gali Services Industries Inc., the GSI Group, Francisco J. Gali, Jr., and Francisco Gali, Sr., liable for subjecting Ms. Martinez and Ms. Recinos to sexual harassment and retaliation, and failing to take effective corrective action despite being aware of their supervisor’s egregious behavior. In the Court’s decision on liability, Judge Jackson also found the employer liable for negligent supervision, finding that, given that the Plaintiffs had reported harassment to their second-line supervisor, “defendants were on notice that [he] was dangerous and posed a threat to plaintiffs’ safety, and they therefore had a duty to adequately supervise him” and failed to do so. 

Accordingly, the Court awarded Ms. Martinez and Ms. Recinos  damages ​recognizing the serious harm inflicted by Defendants​, including $400,000 in punitive damages for each Plaintiff. ​In awarding significant punitive damages, the Court noted “​[a]ll of this was entirely preventable and directly attributable to defendants’ actions because the attacks occurred after plaintiffs placed their employer on notice of the predator on its payroll. Defendants chose to do nothing, which resulted in considerable harm to the plaintiffs.”  ​The Court continued, “punitive damages are warranted in this case, especially “in light of [the supervisor’s] callous and intentional enabling of [the harasser’s] unacceptable and tortious behavior.”   Jillian Moo-Young and Nicole Diaz represented Ms. Martinez and Ms. Recinos and are both thankful for the opportunity to support these courageous women in standing up for themselves and asserting their rights.  The Court’s decision on liability and the decision on damages can be found below.  

President and Partner Gary Gilbert and Managing Partner Deryn Sumner have authored the 13th edition of their textbook Compensatory Damages and Other Remedies in Federal Sector Employment Discrimination Cases. The book provides an examination on the subject of damages available before the Equal Employment Opportunity Commission, Merit Systems Protection Board and federal courts as they relate to discrimination cases.  This new edition includes case summaries through mid-2021 and it reviews and analyzes significant developments and recent trends that affect damages awards. The book is published by Dewey Publications and can be purchased here.

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.