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The U.S. Circuit Court of Appeals for the First Circuit recently handed down a victory for civil rights plaintiffs and attorneys in their ruling in Diaz v. Jilten Hotel Management, Inc. (Docket No. 11-2400, September 18, 2012). The case, brought by a hotel employee alleging age discrimination, was appealed by the plaintiff claiming the trial […]
James Weliky was recently quoted in an article appearing in both Massachusetts Lawyers Weekly and New England In House, published July 26, 2012 and September 10, 2012 respectively. The article examines the U.S. Court of Appeals for the First Circuit’s recent decision in Gove v. Career Systems Development Corporation (Docket No. 11-2468, July 17, 2012), […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. Given that the federal employee has numerous opportunities to opt out of the EEO process altogether and go straight to federal court,[1] and given that chances of success at the AJ stage […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. FAD or Hearing Upon receipt of the investigative file, the employee has several options. The employee may, within thirty days, request an immediate Final Agency Decision on the merits of her complaint […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. Upon receipt of the complaint, the agency must provide the employee with an acknowledgment of receipt, and must summarize the issues to be investigated. This is a key step in the process, […]
For the fifth year in a row, James Weliky served as an expert presenter at Massachusetts Continuing Legal Education’s (MCLE) seminar on “What Every Lawyer Needs To Know About Employment Law.” The annual seminar, intended for lawyers, business owners, managers and human resource professionals, aims to provide an overview of the most common employment law […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. Alternative Dispute Resolution Each agency is required to establish an alternative dispute resolution (“ADR”) program that will be made available to employees during both the informal and formal complaint process. 29 C.F.R. […]
Ellen Messing recently participated in a panel presentation at the National Employment Lawyers Association’s (NELA) Annual Convention held in San Diego from June 20 to June 23, 2012. The presentation, titled “Taking Advantage of the New Discovery Protocols for Adverse Actions in Employment Cases,” focused on a new federal court program designed to improve and […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. Initiating The Process As noted above, the EEO process is initiated by making known to an EEO Counselor that the employee believes that she or he has suffered discrimination. This must be […]
The following excerpt is part of a series on “Representing Federal Employees in Discrimination Cases” by James Weliky. Click here for more information. This article is written for counsel considering their first foray into the world of representing federal employees. It summarizes the administrative EEO process required to be followed by all those claiming discrimination. […]