ADH Member, Les Alderman, on behalf of his client Sunday Iyoha, prevailed in an important appeal before the D.C. Circuit Court of Appeals on a national origin discrimination claim. The client was rejected for a promotion by managers who had previously discriminated against him and others who spoke with foreign accents. The Court of Appeals agreed with many of Mr. Alderman’s arguments, including that biased managers can influence even unbiased interview panelists into making a discriminatory employment decisions. Read an article from Roll Call on the successful appeal here.
On April 29, 2019, Les Alderman on behalf of his client, sued Omni Resorts & Hotels as well as one of its executives for sex discrimination, Equal Pay Act violations and retaliation. Mr. Alderman’s client complained about a two-tiered pay scale that resulted in male executives in similar positions being paid more than female executives. After she complained, the client was terminated on false grounds. The case was filed in the U.S. District Court for the District of Columbia for violation of the D.C. Human Rights Act and the Equal Pay Act. The suit seeks, among other things, economic damages, pain and suffering damages and punitive damages against both defendants.
Mr. Alderman, who represented Hill staffer Lauren Greene in her sexual harassment lawsuit against her former employer Congressman Blake Farenthold, was recently interviewed by Newsy about changes to the Congressional Accountability Act. The Act protects Hill staffers and other employees of the legislative branch against harassment, discrimination, and retaliation. Mr. Alderman expressed his concerns that the reforms were incomplete and that Congress would declare victory and move on to other legislative goals without making much needed further changes to the Act. Listen to the complete interview here.
ADH law member, Les Alderman was interviewed on All Things Considered by reporter Kelsey Snell about proposed changes to the Congressional Accountability Act. The Act provides protections for Hill staffers and other employees of the legislative branch against harassment, discrimination, and retaliation but has been the target of much criticism since the rise of the #MeToo movement for providing inadequate protection. Mr. Alderman previously represented Congressional staffer Lauren Green in a lawsuit against her employer Congressman Blake Farenthold, which was brought under Congressional Accountability Act. Ms. Green was also featured on the program. Listen to the full story here.
Les Alderman settled a significant discrimination claim on behalf of an employee of a Congressional Agency. The settlement called for a cash payment of well over $150,000, as well as an immediate substantial promotion for the employee.
Sundeep Hora successfully represented a Department of Transportation employee in an age and race discrimination, hostile work environment, and retaliation case against the Agency. Mr. Hora’s client was demoted in 2008 within the Department of Transportation, given work below her skill and grade level, and issued unjustified poor performance evaluations. After a hearing before an Administrative Judge, the client was awarded back pay and reinstatement to her old position within the Department. Mr. Hora then prevailed when the DOT filed an Appeal with the EEOC in 2014, a Motion for Reconsideration of the EEOC decision in 2015, and again in February 2017 when the Agency lost a Petition for Clarification with the EEOC. During the pendency of one of the Agency’s appeals, the client voluntarily retired. Mr. Hora was able to secure her backpay during her retirement by successfully arguing that the client would not have retired from her demoted position had the Agency timely restored her to her position before the unlawful discrimination, as ordered by the Administrative Judge.
In July of 2016, Les Alderman achieved a settlement with a national non-profit organization in the amount of $78,000 for an Army Reserve officer who was discriminated against in violation of The Uniformed Services Employment and Reemployment rights Act of 1994 (USERRA) because of her absence from her work for so that she could uphold her service responsibilities.
Through pre-trial settlement negotiations, ADH successfully obtained reinstatement for its client, a developmental air traffic controller, to his former position with the Federal Aviation Administration (FAA). Sundeep Hora served as lead counsel.
ADH’s client received a favorable verdict against the Department of Transportation. After a three day hearing, the Administrative Judge found that the Agency had discriminated, retaliated and subjected the firm’s client to a hostile work environment based on her age and race (Asian) by reassigning her to another department within her sub-agency. Significantly, the AJ drew an adverse inference against the Agency for its failure to preserve the hard drives of three supervisors who were involved in the decision to reassign her. The AJ awarded the complainant compensatory damages and the award of attorney’s fees and sanctions against the Agency is pending. Sundeep Hora served as lead counsel.
After a two day hearing before the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC ruled that the Smithsonian had unlawfully retaliated against ADH’s client for serving as a witness during an investigation into another employee’s claims of discrimination and retaliation. Sundeep Hora served as lead counsel.