Passman & Kaplan, PC, Wins Enforcement of Breached Settlement Agreement

Passman & Kaplan, PC, successfully sought enforcement by the Equal Employment Opportunity Commission (EEOC) of a breached settlement agreement. In its October 16, 2014, decision in Complainant v. Department of the Air Force, EEOC Appeal No. 0120141465, the EEOC’s Office of Federal Operations found that the Agency breached its December 4, 2013, settlement agreement with the complainant, and reversed the Agency’s Final Agency Decision (FAD) on the matter. The FAD found a breach of a clause in the settlement agreement which required the complainant’s supervisor to obtain authorization before communicating with the complainant’s subordinates. However, the FAD failed to address any remedy for the breach. The EEOC agreed with the Agency’s finding of breach, but went further to award Complainant reasonable attorney fees and costs related to the appeal and to order that the Agency comply with the settlement agreement and submit a report of compliance to the EEOC. The complainant was represented by P&K founding principal Joseph V. Kaplan