“It took eight years, but at long last Marc Lawrence has gotten the justice and coverage he never should have been denied.” (Washington, DC, June 3, 2024) – In a case that had been pending for eight years, the Equal Employment Opportunity Commission (EEOC) ruled last week that the federal Office of Personnel & Management (OPM) erred in denying a retired federal employee coverage for the same medical care others receive simply because he was receiving it for gender dysphoria. “This is a huge win for transgender employees, confirming what a number of courts across the country have determined ..read more

On May 30, 2024, the EEOC’s Office of Federal Operations issued a decision in the Lawrence v. OPM matter, ordering, among other things, that: Before the open season for the 2025 plan year, the Agency shall submit an affidavit from the Agency’s Director of Healthcare and Insurance (or whichever administrator or official is best qualified to make this assessment), certifying that a. Consistent with Carrier Letter No. 2015-1, each of the FEHB Program’s health insurance plans, as of the 2025 plan year, is required not to categorically exclude treatments or services (including, but not limited to ..read more

In Doyle T. v. Department of Air Force, Petition No. 2023004214 (May 21, 2024), the Commission found the Petitioner provided sufficient documentation to support that he incurred significant additional tax burden as a result of receiving back pay beginning in April 2014 and going through October 2023. The Petitioner previously prevailed on a claim of disability discrimination when the Air Force denied his request for accommodation and ultimately withdrew its offer of employment. The Petitioner received $300,000 in non-pecuniary compensatory damages, $77,811.59 in pecuniary compensatory damages ..read more

On May 15, 2024, Partner, Kevin Owen, presented at a Federal Circuit Bar Association training entitled “After the Final Decision: Fees, Damages, and Remedies”. The panel discussed the remedies available to appellants who prevail on their appeals in cases before the Merit System Protection Board (“MSPB”). Mr. Owen discussed recent decisions issued by the MSBP and the impact of those decisions. Mr. Owen was joined on the panel by Hon. Theresa J. Chung, Administrative Judge at the Dallas Regional Office of the MSPB, and Adam Chandler, Chief, Employment and Labor Law Division, Office of the Genera ..read more

On Monday, April 15th, 2024, the Anne Arundel County Council passed its first comprehensive anti-discrimination law, Bill No. 21-24. The law strengthens its Human Resources Commission, grants employees new protections from employment discrimination, and expands the mechanisms for pursuing employment and housing discrimination complaints. The new law, which was passed with a bipartisan unanimous vote, strengthens the County’s Human Relations Commission (“HRC”) by authorizing it to investigate private employers and public accommodations anti-discrimination complaints in addition to housing viola ..read more

Gilbert Employment Law, P.C. has been a relentless advocate for the rights of pregnant workers for years. When the Pregnant Workers Fairness Act (PWFA) was passed in 2023, we celebrated the long overdue requirement that employers provide workplace accommodations to pregnant workers. Now, the Equal Employment Opportunity Commission has released the final regulations, which outline how the PWFA will be practically enforced starting June 18, 2024. What is the Pregnant Workers Fairness Act (PWFA)?  This landmark legislation provides crucial protections for our clients who face pregnancy discr ..read more

On April 23rd, the Federal Trade Commission (FTC) announced a final rule that will ban non-competes for all employees (including retroactively for all but “Senior Executives”) of for-profit employers. The rule, if implemented, will represent a major shift in employee labor relations and is intended to increase competitiveness in the labor market and give employees more freedom. The new rule rests on the argument that non-competes are an unfair method of competition and, thus, a violation of Section 5 of the Federal Trade Commission Act. However, the final rule faced an immediate challenge from ..read more

The judge agreed to an unusually strong set of remedies including recommending the agency take disciplinary action against the Chief of Police, a reflection of the extensive discrimination Lt. Sands experienced WASHINGTON, D.C. – In a remarkable decision, the Equal Employment Opportunity Commission (EEOC) has ruled that Lorraine Sands, a Lieutenant at the Office of Naval Intelligence (ONI), was discriminated against based on her gender and race when ONI passed over her twice for the position of Captain. In addition to granting financial awards like back pay and $115,000 in compensatory damages ..read more

Our client, a former Logistics Management Specialist at the Defense Information Systems Agency at the Department of Defense, was awarded $40,000 in compensatory damages after prevailing on summary judgment before an Administrative Judge at the Equal Employment Opportunity Commission. Although the agency appealed the decision, on May 2, 2024, the EEOC affirmed the Judge’s findings and award. After our client experienced discrimination on the basis of sex and was subjected to a hostile work environment due to her gender, we helped her to file an Equal Employment Opportunity complaint. She endure ..read more

Our client Marina Portillo, a former server at Wheaton Lounge and El Tipico Dominicano, was awarded $455,714 in damages from a federal judge in the District Court of Maryland for a case she brought against her former employers. Ms. Portillo was violently sexually assaulted in the workplace, and subjected to a hostile work environment and violations of various wage laws. She was terminated after she stood up for her rights and opposed her employer’s conduct. The Court awarded Ms. Portillo default judgment for her claims involving failure to pay all regular and overtime wages, tip theft, unpaid ..read more