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EEOC OFO Reverses AJ and Finds Discrimination

Sharon Walker, Martha Larry, Merriom Hashim, Antoinette Clark, Sherry Mosley v. John M. McHugh, Secretary, Department of the Army

OFO Appeal Nos. 0120123054, 0120123055, 0120123056, 0120123057, 0120123058

We just won an appeal before the EEOC Office of Federal Operations in a case where we represent five African American nurses employed by the federal government who claimed they were discriminated against on the basis of their race when they were not considered for promotion to team lead positions.

What happened was that the agency selected two Caucasian employees who were less qualified. The agency claimed that they initially offered one of the two positions to another African-American nurse. The agency also claimed that it had to use its direct hire authority instead of interviewing our clients for the positions because the positions had to be filled right away. The agency issued a Final Agency Decision finding that no discrimination had occurred.

We appealed the agency decision to the EEOC Office of Federal Operations. The OFO overturned the agency's decision finding that the reasons the agency gave for failing to consider our clients for the positions were false and pretext for discrimination. The OFO ordered the agency to determine which of the five complainants would have been selected for the two lead nurse consultant positions but for the discrimination and directed the agency to award retroactive placement and back pay with interest to those two individuals. The OFO further found that all five Complainants are entitled to consideration for compensatory damages and ordered the agency to complete an investigation regarding compensatory damages. The OFO also ordered the agency to conduct EEO training for the management officials involved in the discrimination. Finally the OFO ordered the agency to post a notice in the facility stating that the facility was found to have discriminated based on race in a promotion action.

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I have been a litigator for close to 20 years and Alan is most certainly one of the best attorneys I have ever come across.
Mr. Lescht is an excellent Trial Lawyer, He is calm, cool, and collected.
I also appreciated Alan's frankness and his ability to identify what is important and what is not when going through a case like this.
I would highly recommend Alan to anyone who needs an exceptional and incredibly talented Employment Attorney.
Mr. Lescht is an extraordinarily responsive attorney, returning my emails and phone calls within minutes. I would absolutely recommend him to anyone who thinks they may need a lawyer. Definitely incredible work.
I was impressed with his knowledge and professionalism, and I will always be grateful for his guidance.

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