Discrimination & Retaliation
Climbing the ladder at a prominent institution often means you have to neuter your gender, your race or national origin, your orientation, your very identity — firms, government agencies, and think-tanks that proudly tout being headquartered in great cities like Washington are characteristically unrepresentative of our citizenry and intolerant. The federal government has attempted to mediate these effects by passing the Civil Rights Acts, the Americans with Disabilities Act, the Whistleblower Protection Act, and the Lilly Ledbetter Fair Pay Act, to name a few. The Lilly Ledbetter Fair Pay Act is a perfect example. It is designed to reverse a retrograde Supreme Court decision and ensure that women receive the same pay as men for the same work. Yet pay disparities continue to exist.
Law enforcement agencies remain notorious “boys clubs.” Glass ceilings at banks and financial institutions are very low. Degrading comments and unwanted physical contact are dismissed as pranks. Reorganizations leave women and minorities out in the cold. New hires, mentees, political appointees displace incumbents. Reassignments transfer high profile work to newcomers , rules and policies are imposed selectively.
The costs to jobs and personal lives for speaking out about discriminatory and unlawful employment practices are incalculable. We have earned recognition in difficult cases of discrimination, retaliation, and failure to accommodate through hard work over the years and are very proud of our track record. We understand our clients’ painful problems and have secured very favorable results across a broad spectrum of cases.
Many of us work hard to overcome physical and psychological challenges in order to achieve one of our most important goals: working productively. Work engages us mentally, gives us a strong sense of identity, and provides financial security. We do not ask for special treatment; only to be given a fair chance at succeeding.
Congress, state, and local governments have enacted laws to ensure that individuals with disabilities and handicaps receive reasonable accommodation inside the workplace, and to be accepted openly in housing and elsewhere. These protections, in particular, the Americans With Disabilities Act and the Rehabilitation Act, provide clear standards that define impairments and disabilities, who is covered by these Acts, and the accommodation they are entitled to. The Americans with Disabilities Act was designed to protect the civil rights of people who have physical and mental disabilities and our firm has made it a top priority to make sure that these rights are not infringed upon. Despite federal laws, requests for reasonable accommodation are routinely ignored. Confidential medical information is circulated; disabilities are the subjects of jokes.
Employers of all sizes often find it easier to ignore the reasonable needs of workers with disabilities. They do it, out of studied ignorance about disabilities or outright prejudice at working with those who are disabled or having them “on display.” Some demand repeated submissions from physicians and ship them out for “independent review” by paid medical consultants before they will even consider accommodating a disabled individual. The confidentiality of highly sensitive medical records is often breached.
We have succeeded in litigation and reasonable accommodations processes on behalf of individuals with physical and emotional disabilities, and our work in this area is a core practice area. We prevailed in a precedent-setting case on behalf of a female attorney who needed to work at home full time, secured reinstatement and a substantial monetary payment for a female wrongfully terminated in retaliation for requesting Reasonable Accommodation for her diabetes, successfully challenged a female special agent’s lifetime ban from law enforcement after returning from spinal surgery, and successfully litigated the coerced retirement of a disabled Gulf War Vet.
There are a lot of other courageous men and women of principle who speak out about powerful government and corporate interests engaged in misconduct. When institutions like these are challenged, they fight back. Hard.
The world is a tough place. If you reveal that the head of your government agency used his or her authority to break the law, you stand a good chance of losing your job. If you make this same revelation and your employer is a multi-national corporation, there’s an even better chance that you’ll be sued for disclosing trade secrets.
Every day, men and women of conscience step forward and “do the right thing.” Their phones get tapped, their computers files downloaded, their security clearances revoked. But day in day out, and at great personal risk, they:
- Demand accurate reports of nuclear accident investigations;
- Reveal that a commercial nuclear plan is not prepared for earthquakes;
- Speak out about the ineffectiveness of law enforcement agencies;
- Disclose the diversion of public funds to discontinued federal programs;
- Refuse quick fixes on nuclear production lines;
We have been winning whistleblower cases for year and take great pride in our work protecting whistleblowers, who have spoken out at great personal risk have spoken out to see to it that the government, public utilities, and powerful corporations alike are accountable to the public and the communities where they are located.
Stories of fraud and over-charging in government contracts are legion. Less well-known are the qui tamprovisions of the False Claims Act, which permit an individual who knows about false and fraudulent claims in government contracting to proceed together with or on behalf of the federal government and recover shares of damages awards to the federal government. The False Claims Act also provides protection for individuals from retaliation for pursuing false claims. We have successfully won both types of cases.
Mr. Seldon advises other firms about constructing themes and effective openings for jury trials, tailoring cases to individual jurors, preparing clients and examining hostile witnesses, crafting jury instructions, and developing closing arguments.
Mr. Seldon has spoken frequently on trial practice for the DC, Maryland, and Virginia affiliate of the National Employment Lawyers Association and in the D.C. Bar's CLE Winning the Hearts of Jurors. His expertise as a trial attorney is recognized by the U.S. District Court in Washington, D.C.
Mr. Seldon's rates for trial consultation are individual for each case and are available upon request.