Here is a sample of Attorney John Mahoney's published case victories:
1. March 8, 2016: Attorneys Mahoney Wins EEOC OFO Appeal Reversing Army's Inappropriate Dismissal of His Federal Employee Client's Formal EEO Complaint -- See Craig Spencer, a.k.a., Herman P.1 v. Eric Fanning, Acting Secretary, Department of the Army, EEOC Appeal No. 0120160606, Agency No. ARLEAD15SEP03570 (Feb. 23, 2016). In Spencer, the EEOC OFO stated the following:
At the time of events giving rise to this complaint, Complainant was employed at the Agency's Letter Kenny Depot in Chambersburg, Pennsylvania.
On September 17, 2015, Complainant went to the EEO office to express his concerns to the EEO Chief about his work environment and that he wanted to resign. The EEO Chief suggested that Complainant return to his management to request a transfer to another location. On September24, 2015, Complainant requested that an informal EEO complaint be processed regarding his claim of harassment due to his race, sex, disability and prior EEO activity. He noted that employees and management in his work area were trying to intimidate him by coughing when they walked by his work area. He also alleged that they were monitoring his emails and phone calls. He even asserted that he was being followed both at work and at home. The following day, management indicated to the EEO Office that they had a reassignment for Complainant. Subsequently, on September 23, 2015, Complainant resigned.
On September 29, 2015, the Agency sent Complainant a Notice of Right to File a formal complaint. On October 21, 2015, Complainant filed a formal complaint alleging that the Agency subjected him to discrimination on the bases of race (Black), sex (male), disability, and reprisal for prior protected EEO activity under Title VII of the Civil Rights Act of 1964 when he was subjected to harassment. In his formal complaint, Complainant indicated that the harassment led him to seek employment outside of the Agency.
The Agency dismissed the complaint pursuant to 29 CFR 1614.107(a)(2) for failing to raise the matter with an EEO Counselor. As such, the Agency dismissed the matter.
This appeal followed.
ANALYSIS AND FINDINGS
EEOC Regulation 29 C.F.R. 1614.107(a)(2) states that an agency shall dismiss a complaint that raises a matter that has not been brought to the attention of an EEO counselor and is not like or related to a matter that has been brought to the attention of an EEO counselor. Upon review of the record, we find that the Agency's dismissal was not appropriate.
The record showed that Complainant contacted the EEO Chief on September 17, 2015, regarding his claim of harassment. The EEO Chief sent Complainant back to the workplace and suggested that he resolve the matter with management. Complainant returned to the EEO Chief on September 24, 2015, in order to proceed with a claim of harassment based on his race, sex, disability and prior EEO activity. It was the EEO Chief who closed the informal EEO process and issued Complainant a Notice of Right to File a formal complaint when the EEO Chief learned that Complainant had resigned. Based on the Notice, Complainant filed his formal complaint alleging that he was subjected to harassment and that the harassment led to his constructive discharge from the Agency. We find that such a claim was brought to the attention of the EEO Chief. Furthermore, Complainant 's claim of constructive discharge is like and related to his claim of harassment. As such, we determine that the Agency's dismissal of Complainant's claim of harassment including his claim of constructive discharge based on his race, sex, disability and prior EEO activity was not appropriate.
Based on a thorough review of the record, we REVERSE the Agency's final decision and REMAND the matter for further processing in accordance with the ORDER below.
The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. 1614.103. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision becomes final. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision becomes final, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant's request.
A copy of the Agency's letter of acknowledgment to Complainant and a copy of the notice that transmits the investigative file and notice of rights must be sent to the Compliance Officer as referenced below.
Craig Spencer a.k.a, Herman P.1 v. Eric Fanning, Acting Secretary, Department of the Army, EEOC Appeal No. 0120160606, Agency No. ARLEAD15SEP03570(Feb. 23, 2016).
1 This case has been randomly assigned a pseudonym which will replace Complainant's name when the decision is published to non-parties and the Commission's website.
2. DECEMBER 28, 2015: ATTORNEY MAHONEY SECURES A MONETARY OFFER OF FULL RELIEF FROM THE POSTAL SERVICE AND A RESULTING AWARD OF 2015 LAFFEY RATE ATTORNEYS' FEES FROM THE JUDGE IN PREVAILING CLIENT'S EEOC CASE -- After successfully negotiating a monetary Offer of Resolution from the United States Postal Service, prior to written discovery, in his client's EEOC Case, Attorney Mahoney was awarded 2015 Laffey rate attorney's fees by the EEOC's Administrative Judge. In the Judge's decision, he held the following in pertinent part:
The reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services by lawyers of reasonably comparable skills, experience, and reputation. The complainant requests rates pursuant to the Laffey Matrix used by courts in the District of Columbia. I find that it was not unreasonable for the complainant to seek counsel in Washington, D.C. area. I do so based on the fact that travel time was not a factor in this matter with respect to the attorney's fee issue. Moreover, the agency is national in scope, and has offices and employs attorneys throughout the United States. Based upon my experience in ruling on attorney's fees applications involving cases where complainants are the prevailing parties, I find that the prevailing market rates of $500.00 or more for the services of skilled and seasoned attorneys in the San Francisco Bay Area with experience comparable to that of complainant' s counsel is similar to the District of Columbia rate sought herein.
According to the application before me, attorney services were performed from January 6, 2015, following the filing of the written complaint, up to and including September 1, 2015 at the rate of $515.00 per hour. This was a rate arrived at contractually and is somewhat below the applicable "Laffey" Matrix of $520.00 per hour applicable to complainant's counsel for services rendered during the relevant time period. Speculation aside, counsel agrees that at the time the application was submitted, the Laffey Matrix for 2015 remained unchanged and that the hourly rate of $520.00 was the prevailing rate for experienced attorneys of his caliber.
I find that attorney compensation should be allowed at the hourly rate of $520.00, the prevailing Laffey-set rate for attorneys of Mr. Mahoney's experience and skill. Consequently, I conclude that complainant is entitled to recover allowable attorney's fees in the amount of $13,520.00 (26 hours at $520.00 per hour).
Cozad v. Brennan, Postmaster Gen., USPS, EEOC NO. 550-2015-00268X, AGENCY NO. 4F-956-0137-14 (Oct. 13, 2015)(emphasis added), which became the EEOC's final decision on Nov. 27, 2015, when the Agency failed to file an appeal. The USPS paid the monetary relief and attorneys' fees on December 4, 2015.
3. SEPTEMBER 17, 2015: ATTORNEY MAHONEY'S CLIENT AWARDED NEARLY $330,000 BY THE EEOC: Attorney John Mahoney successfully litigated the recent federal employee EEOC case of Complainant [Client's name disguised to protect confidentiality] v. Secretary, Dep’t of the Army, EEOC Case No. 531-2011-00095X (EEOC Baltimore Field Office, Shubow, Admin. J. Mar. 31, 2015)(which became the EEOC’s Final Decision on May 15, 2015). In that case, the parties, Complainant and the U.S.Dept. of the Army (hereinafter Agency), finalized and executed a settlement agreement on August 2, 2011 regarding liability. The EEOC’s March 31, 2015 Order Entering Judgment held the following:
A hearing on damages was held in the Baltimore Office of the EEOC on September 19, 2012. A Bench Decision was issued on April 24, 2014. Complainant was awarded $200,000 in non-pecuniary damages and $6,600 in pecuniary damages for a total award of $206,600. Complainant filed her Petition for Attorney's Fees and Costs on May 27, 2014. The Agency responded on July 3, 2014. The Decision on Attorney's Fees was issued on March 17, 2015. The Agency was ORDERED to pay Attorney's Fees of $120,760.32 and costs of $2,022.42. Judgment is entered in favor of Complainant with respect to the items and amounts set forth in the preceding paragraphs.
The EEOC’s Decision went on to refer to Attorney Mahoney as follows:
From January 2010 through March 2014, former Tully Rinckey P.L.L.C. Partner John Mahoney, acted as the supervisory Partner in this matter. C. Ex. 9, Declaration of John Mahoney. Under the 2013 Laffey Matrix, the prevailing market rate for Mahoney's time is $510 per hour. See C. Ex; 2 Spreadsheets of Attorneys' Fees and Expenses. Mahoney detailed his education, years of litigation and extensive federal employment law experience. See C. Ex. 9, Declaration of John Mahoney.
Complainant v. Secretary, Dep’t of the Army, EEOC Case No. 531-2011-00095X (EEOC Baltimore Field Office Admin. J. Shubow Mar. 31, 2015)(which became the EEOC’s Final Decision on May 15, 2015)(emphasis added). The Agency paid the ordered awards in September 2015.
4. Cohen v. Department of Homeland Security (ICE), MSPB Docket No. SF-0752-12-0427-I-1 (Jun. 19, 2014)(nonprecedential)(Attorney Mahoney successfully litigated this U.S. Merit Systems Protection Board (MSPB or "the Board") Petition for Review, resulting in the MSPB modifying its administrative judge's Initial Decision, which upheld Ms. Cohen's removal from federal service, and ordering the agency to: a) cancel the removal action and substitute a 90-day suspension effective March 30, 2012; b) pay the appellant the correct amount of back pay, interest on back pay, and other benefits; and c) notifying the appellant that she may be entitled to be paid by the agency for her reasonable attorney fees and costs).
5. O'Keefe v. Donahoe, Postmaster General, United States Postal Service (Southwest Area), EEOC Appeal No. 0120130848 (Jun. 11, 2013) -- Attorney John Mahoney supervised the successful representation of this complainant before the EEOC. The Commission held that the complainant, a carrier for the U.S. Postal Service, alleged that the agency subjected her to ongoing discriminatory harassment based on race (Caucasian), religion (Catholic and Reiki practitioner), color (white), and age (58). The EEOC found that the agency subjected her to harassment based on race and color. The Complainant established a prima facie case of a racially motivated hostile work environment. She provided evidence that she was a frequent victim of badgering, berating, nitpicking, and criticism in front of her coworkers, as well as excessive monitoring by her African-American supervisor. She submitted testimony that unlike other employees not of her race, the supervisor made her perform overtime work, goaded her to file an EEO complaint, issued her three disciplinary suspensions, and 10 predisciplinary interviews. The Complainant presented evidence that the supervisor engaged in similar negative behavior toward two other Caucasian employees and treated African-American employees more favorably. The Complainant asserted that she turned to the postmaster for assistance, but nothing was done. The Commission held that the supervisor's affidavit was "largely nonresponsive" to the questions asked by the EEO investigator. The supervisor could not recall whether she forced the carrier to work overtime or whether she treated African-American employees in the same way she treated the carrier. The postmaster also said that he did not recall anything about the situation. The EEOC found that the agency failed to rebut the initial inference of discrimination created by the Complainant's prima facie case. The EEOC held that an agency's failure to provide legitimate, nondiscriminatory reasons for its actions will result in a finding of discrimination.
6. Hussey v. United States Department of Agriculture - The MSPB issued three final decisions awarding over $45,000 in reasonable attorneys’ fees based upon the successfully enforced settlement of the appellant’s removal appeal. In one of those decisions, the Board held that “the appellant met his burden of showing that he is the prevailing party, he incurred attorney fees and that an award of attorneys’ fees is warranted in the interest of justice.” E.g., Hussey v. United States Department of Agriculture, MSPB Docket No. DA-0752-10-0130-A-1 (Jan. 6, 2011).
7. Farrell v. Dep't of Treasury, EEOC Petition No. 0420070019 (Oct. 24, 2008); see also Farrell v. Dep't of Treasury, EEOC Appeal No. 07A20043 (May 3, 2003) -- More than five years after the EEOC initially affirmed an EEOC Administrative Judge's decision finding the U.S. Department of the Treasury liable for sex discrimination when Petitioner was not selected for an SES position, the Commission once again ordered the U.S. Department of the Treasury to calculate the Petitioner's salary based upon the assumption that she would have received the highest performance review available for each review period and should award benefits that the average outstanding SES employee at the agency received during each fiscal year at issue. Further, the EEOC found the Petitioner entitled to receive additional attorney fees, as she was again the prevailing party.
8. Steven A. Johnson v. Mike Johanns, Secretary, U.S. Department of Agriculture, EEOC CASE No. 520-2006-00120X, Agency No. FSA 2005-00711 (EEOC New York District Office, Boston Area Office, Default Judgment Sanctions Order Issued Jan. 22, 2007) -- John P. Mahoney directed the litigation that led to full relief for a terminated Federal Employee in a novel Race & National Origin Discrimination by Association and "Regarded as" Disability Discrimination case.
9. John P. Mahoney represented a manager at the Federal Election Commission in successfully settling her claims of sexual harassment, gender discrimination, and retaliation against that agency. See The Washington Post, Mar. 8, 2006, The Federal Page.
10. John P. Mahoney settled a disabled cancer survivor's claim of disability discrimination and retaliation in federal employment against the Department of Health and Human Services, National Institutes of Health, National Cancer Institute. See the GazetteNewspaper June 3, 2005.
11. Cornyn v. Department of the Treasury, MSPB Docket No. DC-0351-02-0576-I-1 (Sep. 30, 2003) -- John Mahoney represented the U.S. Department of the Treasury to successfully defend this MSPB Reduction in Force (RIF) MSPB appeal and Petition for Review.
12. Farrell v. Snow, Secretary, Department of the Treasury, EEOC Appeal No. 07A20043 (May 5, 2003) -- John Mahoney won a finding of discrimination and an award of full relief, with retroactive promotion to the SES level, backpay, compensatory damages, and attorneys fees in excess of $100,000, in a federal employee sex discrimination case before the EEOC.
13. Flythe v. Caldera, Secretary, Department of the Army, EEOC Appeal No. 01972258 (2000) -- John P. Mahoney won a finding of discrimination and an award of full relief, with backpay and compensatory damages in excess of $100,000, in a Wage Grade-level federal employee "direct evidence" race and perceived disability discrimination case before the EEOC. In "The DIGEST Of Equal Employment Opportunity Law," the EEOC said the following about Attorney Mahoney's victory in the Flythedecision:
15. Dong v. Smithsonian Institution, 125 F.3d 877 (D.C. Cir. 1997), reh'g denied, No. 96-503 (1997), cert. denied, 524 U.S. 922 (1998) -- John P. Mahoney co-authored a petition for writ of certiorari to the Supreme Court of the United States as an attorney of record in a case, which, with the assistance of AFGE, helped lead to legislation treating the Smithsonian Institution as an agency under Title VII of the Civil Rights Act.
16. Dong v. Smithsonian Institution, 943 F. Supp. 69 (D.D.C. 1996) -- John P. Mahoney successfully tried, as an attorney of record, a federal employee's case of first impression before the U.S. District Court for the District of Columbia, which was the first case awarding compensatory damages under the Privacy Act, 5 U.S.C. § 552a.
17. Wheeler v. District of Columbia (D.D.C. Feb. 10, 1995) -- John P. Mahoneysuccessfully prosecuted and argued a motion for summary judgment in a multi-million dollar class action against the U.S. and D.C. Governments in the U.S. District Court for the District of Columbia on behalf of a class of all (over 400) retired U.S. Park Police officers, which case was covered in the press.
Publications & Presentations
Here is a sample of Attorney Mahoney's publications:
• "What Rights To Workplace Privacy Do Federal Employees Have?" published in THE NATIONAL LAW JOURNAL (January 2011).
• John Mahoney is the author of the 2002 Federal EEO Handbook
• John Mahoney is the co-author of the book entitled Federal Employees Legal Survival Guide, How to Protect & Enforce Your Job Rights, 1st Edition (National Employee Rights Institute ed., Jul. 1999).
• J. Mahoney & P. Jeffrey, "Regulations Strip DHS Employee Appeal Rights," Commentary Article in The Federal Times Newspaper (Dec. 10, 2007).
• Mr. Mahoney was quoted extensively in the August 15, 2007 issue of the CyberFEDS online newsletter in an article by Melissa Turley of CyberFEDS Washington Bureau entitled "EEOC: Fewer Employees Finish ADR Counseling."
• "Developments in U.S. Government Labour & Employment Law That May Have International Implications: Unfortunate Events In History: The Recent Disenfranchisement Of American Employees Labour And Employment Rights," Center for International Legal Studies Labor and Employment Law Symposium, Salzburg, Austria (Jun. 29, 2007).
• "Decision Leaves Older Employees at Risk for Retaliation", Article in The Federal Times Newspaper (June 11, 2007).
• "How to Save Time on EEO Investigations," Article in The Federal Times Newspaper (Jul. 24, 2006).
• "Homeland Personnel Changes Leave Employees Vulnerable," Article in The Federal Times Newspaper (Aug. 15, 2005).
• Interview, Municipal Notebook on Montgomery Municipal Cable, Channel 16 for political commentary (Mar. 2005).
• Articles in FEDAGENT E-Report (Aug & Mar. 6, 2003 issues).
• "Legal Analysis: Misconduct Investigations And Exceptions To The Privacy Act," FEDMANAGER ON-LINE NEWSLETTER. (May 23, 2000).
• "EEOC's New Federal Sector Regulations and Management Directive 110: an Overview," THE D.C. Bar LABOR. & EMPLOYMENT LAW. SECTION'S NEWSLETTER, No.3. (Winter 1999-2000), at 13.
• "Official Public Statement Regarding the EEOC’s Proposed Federal Sector Complaint Regulations," (D.C. BAR LABOR & EMPLOYMENT LAW SECTION, Apr. 1998).
• "Official National Comments On The EEOC’s Proposed Federal Sector Regulations" (THE NATIONAL EMPLOYMENT LAWYERS ASSOCIATION (NELA), Apr. 1998), reprinted in NELA’S EMPLOYEE ADVOCATE.
• "Reckless Disregard: Intentional And Willful Violations of the Privacy Act’s Investigatory Requirements," The Federal Lawyer Magazine, May 1997, at 38.
• "MSPB Non-Local Attorney Fees Awards: Recognizing the Strong Interest of Geographic Latitude in the Selection of Counsel," 95 FED. MERIT SYSTEMS REP. 35 (Aug. 28, 1995), reprinted in FEDERAL MERIT SYSTEMS 1996 DESK BOOK, Part IV, at 19, (3d ed. LRP Publications).
John Mahoney, Esq., Attorney at Law, is a Top Rated Washington, DC lawyer specializing in representing federal employees, unions, employee associations, contractors, and agencies in federal employment law cases, MSPB appeals, EEO complaints, EEOC Cases, OFO appeals, OSC complaints, agency or Congressional conduct investigations, performance cases, proposed disciplinary actions, IG complaints, and security clearance appeals, across the USA and around the world.
Dec 5, 2018 - ,
“I want to take time out and thank Firm Partner, Letha A. Miller, Esq, and John P. Mahoney, Esq., Attorney at Law for representing me at my agency. Your professionalism, in-depth knowledge of the law, ...”
Jun 17, 2016 - ,
“After years of continuous discrimination and exhausting my Agency chain of command, I turned to Attorney John Mahoney for his expertise. John took my case and advised me of my best possible choices ...”
Jul 20, 2018 - ,
“Mr. Mahoney, as a victim, when dealing with Equal Employment Opportunity Issues, it can be an emotional rollercoaster. The lawyer that a victim selects is very important. I have hired numerous lawyers ...”
Feb 27, 2018 - ,
“Mr. Mahoney and his team were very instrumental in resolving my agency’s proposed removal action. Once I engaged his services, the team actively worked on my case and kept me abreast of all ...”
Jun 17, 2016 - ,
“Dear Attorney Mahoney, I carefully listened to your recent Federal News Radio interview. You have professionally highlighted the significant atrocities inflicted upon the federal employees, ...”
Jan 24, 2017 - , SD
“When my agency placed me on indefinite administrative leave after 29 years of service, my first reaction, after the initial shock, was to find a lawyer who knew federal employee law. Later, when they ...”
Jul 18, 2018 - ,
“Ms. Young has been an absolute pleasure to work with! She is poised, calm, razor-sharp and professional when advocating her client’s case to agency attorneys and judges. She has a remarkable grasp of ...”
Mar 9, 2015 - Woodbridge, VA
“Attorney John Mahoney represented me in an EEOC case against a charge levied against me with a proposed dismissal from a federal government position, which I held for over two decades. Mine was a ...”
Jun 17, 2016 - ,
“Mr. Mahoney was extremely knowledgeable, professional, and responsive in handling my case. When going up against the federal government, you want someone who knows what they are doing and an attorney ...”
Feb 13, 2017 - ,
“I fully recommend Lisa Windsor for the exceptionally hard work she puts into a case. Lisa was relentless in pursuing every possible legal and administrative measure from Medical Boards to the BCMR. ...”
Feb 27, 2018 - Kittery, ME
“I would like to thank Attorney Lisa Windsor for her excellent representation during my disability discrimination case. After being subjected to disability discrimination and a hostile work environment ...”