Mathew B. Tully, Esq.

Mathew B. Tully is a founding partner of Tully Rinckey PLLC. He concentrates his practice on representing federal government employees and military personnel and can be reached at [email protected]. To schedule a meeting with one of the firm’s federal employment law attorneys call 202-787-1900. The information in this column is not intended as legal advice.

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The Ever Evolving Definition of Sexual Harassment

By on February 18, 2010 in Court Cases with 0 Comments

An appeals court recently issued an en banc decision finding the U.S. District Court of for the Northern District of Alabama erred in granting summary judgment in a sexual harassment case where the harassment was not directed specifically at the plaintiff.

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Federal Circuit Says HHS Denied Veteran Preference Rights and Orders Agency to Award Position to Him

By on January 13, 2010 in Court Cases with 0 Comments

HHS has been ordered to hire a veteran and to compute back pay and benefits where the agency conceded that it would have selected a veteran had it not made an error in removing his name from the list of candidates for a competitive service position.

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EEOC Holds that Employees Cannot Be Discriminated Against Due to Perceived Limitations of a Disability

By on December 28, 2009 in Current Events with 0 Comments

In a recent decision, the Equal Employment Opportunity Commission reinforced the notion that federal agencies cannot discriminate against disabled employees based on subjective opinions of their limitations and abilities.

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Courts Open Window to Expand Employees’ Rights to Privacy in Electronic Communications

By on December 15, 2009 in Court Cases with 0 Comments

The courts have been chipping away at employees’ privacy rights, particularly with regard to email on the clock. Some of these issues are being given a second look.

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National Security and the Commissary Cashier

By on November 30, 2009 in Court Cases with 0 Comments

A cashier at an Air Force commissary was found to be in a “non-critical sensitive” position. She was fired and the MSPB concluded that her removal was analogous to a removal for not having a security clearance.

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D.C. District Court Clarifies Employees’ Obligation to Exhaust Administrative Remedies Before Filing in Court

By on November 6, 2009 in Court Cases with 0 Comments

To have jurisdiction in a federal court, a federal employee must show that he exhausted his administrative remedies by allowing the agency and/or EEOC to process the case.

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D.C. Circuit Holds That Employees Should Report Sexual Harassment Promptly

By on October 25, 2009 in Court Cases with 0 Comments

The recent buzz about David Letterman’s affair with a staffer has brought issues of workplace sexual harassment back into the limelight. For federal employees, a recent court decision makes it important for employees to report harassment promptly.

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Discrepancies in the Federal Workplace According to EEOC

By on September 30, 2009 in Human Resources with 0 Comments

The annual report from the Equal Employment Opportunity Commission reveals that power and pay discrepancies still exist between men and women, whites and minorities, and non-disabled and disabled.

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