MERIT SYSTEMS PROTECTION BOARD CASES
1. In TINA HIGHLEN v. DEPARTMENT OF AGRICULTURE, Mr. Ackerman represented a female Firefighter who was wrongfully removed after the Agency refused to honor a Settlement Agreement reached with her in an EEO matter. After appealing the Decision of an M.S.P.B. Administrative Judge, who ruled against her, Mr. Ackerman got a U.S. Federal District Court Judge to remand the matter which was then reversed by the Administrative Judge. After the Agency's Petition for Review was denied, the Female Fire fighter was awarded full back pay, attorney fees and restoration to her position.
Case Name: HIGHLEN v. JOHANNS, SF-0752-05-0437 M-1(2008) District. Court Case # 06-CV-0957 W (BLM)(July 27, 2007)
2, In ANDREW CLARK v. DEPARTMENT of THE AIR FORCE, the Agency demoted Mr. Ackerman's client from a GS-13 to a GS-12 and suspended him for sixty days for a variety of alleged misconduct including sexual harassment of subordinates. After a hearing before an Administrative Judge of the M.S.P.B. the penalty was reduced to a thirty day suspension and most of the charges were dismissed. The employee was restored to his appropriate grade level and awarded full back pay and Attorney fees.
Case Name: Andrew Clark v. Department of the Air Force, SF-0752-07-0817-I-1(2008)
3. In LINDA EDWARDS v. DEPARTMENT of TRANSPORTATION [F.A.A.], Mr. Ackerman represented an Air traffic Control Specialist who was removed for being "unavailable for duty", when she was away for work because of medical problems. Although the employee continued to submit medical evidence with anticipated dates of return, the Agency wrongfully removed the employee. After the Administrative Judge ruled against the employee, Mr. Ackerman appealed the decision on behalf of his client and the decision was reversed by the full Board. The Agency was ordered to restore Mr. Ackerman's client to duty and Attorneys fees were awarded.
Case Name: Linda D. Edwards v. Dep't. Of Transportation, SF-0752-08-0062-I-1 (2008)
4. In Stevenson v. U.S. Postal Service In this case, Mr. Ackerman's client was a Supervisor, Maintenance Operations (EAS-17), with fifteen years of Federal Service, when he was removed for the charge of irregular Attendance and A.W.O.L. After a full evidentiary hearing before an Administrative Judge of the M.S.P.B., it was held that the Agency had improperly charged Mr. Ackerman's A.W.O.L. and that his removal was unwarranted. The A.J held that denial of leave requests were improper and that the employee did not have actual prior notice that he might be disciplined for his attendance. The A.J. ruled that Mr. Ackerman's client should not have been disciplined at all. The A.J. REVERSED the removal and ordered the employee restored to duty with full back, benefits and Attorneys Fees.
Case Name: Stevenson v. U.S. Postal Service SF-0752-10-0051-I-1 (May 13th 2010)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION CASES
1. In RUDY VINDIOLA v. U.S. POSTAL SERVICE, See: Rudy C. Vindiola v. John E. Potter, Postmaster General, No. 340‑A1‑3282X Appeal No. 07A20046 (September 2003) Mr. Ackerman represented an employee with a seizure disorder who was not allowed to return to work after he fell and injured himself at work. After a full hearing before an Administrative Judge the Agency was ordered to return the employee to duty with full back-pay, lost wages, compensatory damages and attorney fees.
2. In DEANNA SEBEK v. ERIC HOLDER, Jr., [Department of Justice] No. 340‑98‑3611X Appeal No. 07A00005, Mr. Ackerman represented a female employee who was physically accosted by a high level manager while at work. The Agency tried to defend themselves by claiming the manager was an "equal opportunity abuser" and treated males just as badly as females. After that defense failed before an Administrative Judge and failed again on Appeal, the employee was awarded $200,000 in compensatory, costs incurred and attorney fees.
3. In Rosende-Lopez v. John E. Potter, Appeal No. 0120102789 (November 30, 2010) Mr. Ackerman's client was a female Letter Carrier with the U.S. Postal Service who endured seven years of a male co-worker interfering with her ability to work. Specifically the co-worker made obscene noises at the woman, whistled at her, visited her therapist, called her at home at night and generally harassed her at work. Despite numerous complaints to management, no effective action was taken to stop the conduct. Additionally, the agency retaliated against Mr. Ackerman's client in how she was assigned overtime. After an Administrative Hearing before an Administrative Judge, and an Appeal to the Equal Employment Opportunity Commission, Mr. Ackerman's client was awarded $150,000.00 in compensatory damages for her pain and suffering in addition to attorney fees, and restoration of leave. This case was notable because the award of $150,000.00 was based only on the testimony of the Complainant and her co-workers with no supporting medical evidence.
4. In Weldon v. John E. Potter, Appeal No. 0720090017 (March 18, 2009) In this case, Mr. Ackerman represented a Letter Carrier who had a variety of ailments related to his feet. His medical provider recommended that he be allowed to go home for two hours each day to elevate his feet, as a reasonable accommodation for his disability. He was allowed this modification to his work schedule for approximately three years. However, in 2006 a new supervisor arrived who refused to continue providing the reasonable accommodation and the modified work schedule. Mr. Ackerman, on behalf of his client, presented claims of disability discrimination, failure to provide reasonable accommodation and retaliation for requesting reasonable accommodations. After a full evidentiary hearing before an Administrative Judge, the Agency was found liable for retaliation but not disability discrimination. Mr. Ackerman's client was awarded compensatory damages for pain and suffering, attorneys fees and lost benefits. The Decision was upheld by the Commission.
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