Corporate Whistleblower Lawyer Quoted in National Law Journal Article About Wells Fargo SOX Whistleblower Cases

A National Law Journal article titled “Wells Fargo’s Whistleblower Problem Could Grow Substantially” quotes leading whistleblower lawyer Jason Zuckerman about Sarbanes-Oxley whistleblower retaliation cases brought against Wells … Continued

Whistleblower Lawyer Zuckerman Named in The Best Lawyers in America© in the category of Litigation – Labor and Employment

Whistleblower lawyer Jason Zuckerman was selected by his peers for inclusion in the 2016 edition of The Best Lawyers in America© in the category of … Continued

Corporate Counsel Article Highlights Increase in Whistleblower Claims

An article in Corporate Counsel titled “Ride the Whistleblower Wave” discusses the increase in whistleblower litigation and quotes whistleblower attorney Jason Zuckerman about recent developments … Continued

Whistleblower Attorney Zuckerman Will Speak at ABA Annual Labor and Employment Law Conference

Whistleblower attorney Jason Zuckerman will speak at the ABA Annual Labor and Employment Law conference on a panel titled State of Whistleblower Protection Laws after … Continued

Whistleblower Firm Publishes Practice Note About Federal Government Contractor Whistleblower Protection Law

NDAA Whistleblower Protection Law Washington D.C. whistleblower firm Zuckerman Law, published a Practice Note in Practical Law, a Thomson Reuters publication, titled Whistleblower Protections Under the … Continued

Is denial of a transfer away from a biased supervisor an adverse action?

Yes.  According to the DC Circuit’s 2017 opinion in Samuel Ortiz-Diaz v. U.S. Department of Housing and Urban Development, No. 15-5008, “Although lateral transfers to different … Continued

How Our SEC Whistleblower Lawyers Can Help You Get an SEC Whistleblower Award

In conjunction with our courageous clients, our SEC whistleblower lawyers have helped the SEC halt multi-million dollar investment schemes, expose violations at large publicly traded companies, and return funds to defrauded investors.

Recently, U.S. News and Best Lawyers® named Zuckerman Law a Tier 1 firm in the Washington DC metropolitan area. Click below to hear SEC whistleblower attorney Matthew Stock’s tips for SEC whistleblowers:

SEC Whistleblower Lawyers’ Guide to SEC Whistleblower Rewards and SEC Whistleblower Program

In the SEC Whistleblower Program: Tips from SEC Whistleblower Attorneys to Maximize an SEC Whistleblower Award, the whistleblower lawyers at Zuckerman Law share their experience gained from representing whistleblowers before the SEC and cover the following topics:

Overview of the SEC Whistleblower Program

• What is the SEC Whistleblower Program?
• Can I submit an anonymous tip to the SEC Whistleblower Office?
• What employment protections are available for SEC whistleblowers?
• What violations qualify for an SEC whistleblower award?
• What are the largest SEC whistleblower awards?

Whistleblowers Eligible for an Award

• Who is an eligible SEC whistleblower?
• Can I submit a claim if I had involvement in the fraud or misconduct?
• Can I submit a tip if I agreed to a confidentiality provision in an employment/severance agreement?
• Can compliance personnel, auditors, officers or directors qualify for an SEC whistleblower award?

Reporting to the SEC and Maximizing Award Percentage

• When is the best time to report the fraud or misconduct to the SEC?
• Do I have to report the violation to my company before reporting the violation to the SEC?
• Can I submit an SEC Whistleblower claim if the SEC already has an open investigation into the matter?
• How do I submit a tip to the SEC?
• What type of evidence should I provide to the SEC?
• What factors does the SEC consider when determining the amount of the award?
• Why should I choose the Zuckerman Law to represent me in my SEC whistleblower claim?

After Reporting to the SEC

• What happens after I submit a tip to the SEC?
• How long does it take to receive an SEC whistleblower award?

Qualifying for an SEC Whistleblower Award

SEC Whistleblower Attorneys’ Tips to Successfuly Navigate SEC Whistleblower Program’s Process

Success of the SEC Whistleblower Program

See our column in Forbes: One Billion Reasons Why The SEC Whistleblower-Reward Program Is Effective.

The following FAQ about the SEC Whistleblower Program identifies the key facets of the program, including aspects of the program that have enabled it to be such a successful tool to fight fraud and protect investors.  For more information about the SEC Whistleblower Program, feel free to call Zuckerman Law at 202-262-8959 for a free, confidential consultation.

1. What is the SEC Whistleblower Program?
2. What violations qualify for an SEC whistleblower award?
3. How can I submit a tip to the SEC?
4. Why should I choose the Zuckerman Law to represent me in my SEC whistleblower claim?
5. Can I submit an anonymous tip to the SEC Whistleblower Office?
6. When is the best time to report the fraud or misconduct to the SEC?
7. Can I submit an SEC Whistleblower claim if the SEC already has an open investigation into the matter?
8. Who is an “eligible” SEC whistleblower?
9. Can compliance personnel, auditors, officers or directors qualify for an SEC whistleblower award?
10. What is “original information”?
11. How might my information “lead to” a successful SEC enforcement action?
12. Can I submit a claim if I had involvement in the fraud or misconduct?
13. Do I have to report a securities law violations to my company before reporting the violation to the SEC?
14. Can I submit a tip if I agreed to a confidentiality provision in an employment/severance agreement?
15. What factors does the SEC consider when determining the amount of the award?
16. What employment protections are available for SEC whistleblowers?
17. What type of evidence should I provide to the SEC?
18. What happens after I submit a tip to the SEC?
19. How long does it take to receive an SEC whistleblower award?
20. What are the largest SEC whistleblower awards?

SEC Whistleblower Attorneys

In conjunction with our courageous clients, our SEC whistleblower lawyers have helped the SEC halt multi-million dollar investment schemes, expose violations at large publicly traded companies, and return funds to defrauded investors.

SEC Whistleblower Bounties

What is Required to Prove a Violation of the Whistleblower Protection Act?

To prove whistleblower retaliation under the WPA, 5 U.S.C. 2302(b)(8), a whistleblower must establish the following by preponderant evidence:

• A protected disclosure (aka the whistleblowing)
• A personnel action is taken, threatened, or not taken after the protected disclosure;
• The relevant officials knew of the protected disclosure; and
• A causal connection (contributing factor) exists between the disclosure and the personnel action

If the whistleblower meets this test, then the burden shifts to the employer to prove by clear and convincing evidence—which is significantly more onerous than the preponderance standard—that it would have taken the same action against the employee even if they had never blown the whistle.

If you are seeking representation in a Whistleblower Protection Act case, call us at 202-262-8959.

Download our guide to the Whistleblower Protection Act:

What disclosures are protected under the Whistleblower Protection Act?

The WPA protects federal employees against retaliation for making any disclosure that the employee reasonably believes evidences:

• a violation of any law, rule, or regulation;
• gross mismanagement;
• a gross waste of funds;
• an abuse of authority;
• a substantial and specific danger to public health or safety; or
• censorship related to research, analysis, or technical information that cause, or will cause, one of the above harms

Passed in 2012, the WPEA clarifies that a disclosure is protected even if the disclosure:

• is made to a person, including a supervisor, who participated in the wrongdoing disclosed;
• revealed previously disclosed information;
• is made by an employee who may have other motives for making the disclosure;
• is made while the employee was off duty;
• is about events that occurred a long time ago; or
• is made during the employee’s normal course of duties, provided the employee can show that the personnel action was taken “in reprisal for” the disclosure.

What options are available to pursue a Whistleblower Protection Act Case?

An employee who believes a federal employer has unlawfully retaliated against him or her has several options:

• The employee may file a complaint with the U.S. Office of Special Counsel (OSC). If OSC finds that the employee suffered retaliation, then it reports its findings to the MSPB and can petition the Board, on behalf of the employee, to correct the agency’s retaliatory action.
• If OSC finds no wrongdoing or retaliation, then the employee may file an individual right of action (“IRA”) appeal before the MSPB within 60 days of OSC’s determination. The employee can appeal the Board’s decision to the relevant federal Court of Appeals.
• The employee may appeal a retaliatory personnel action directly to the MSPB if the employee is eligible to do so and the retaliatory action is one of the personnel actions directly appealable to the MSPB.

It is important for employees to know that they may choose only one of the following options when they want to challenge an adverse action that:

• An appeal to the MSPB under 5 U.S.C. § 7701;
• A grievance filed under a collective bargaining agreement (for union employees); or
• A complaint filed with OSC, which can be followed by an Individual Right of Action (IRA) to the MSPB

Whichever option is chosen first is deemed an “election of remedies,” which means that the other two options can no longer be used.

This election of remedies does not, however, affect the right to pursue an EEO complaint (an EEO and OSC complaint may be pursued at the same time).

What is the Office of Special Counsel?

The OSC is an independent, federal investigative and prosecutorial agency.  Its primary mission is to safeguard employee rights and hold government accountable, primarily by protecting employees from whistleblower retaliation

What is the Merit Systems Protection Board?

The MSPB is a quasi-judicial agency that adjudicates employee appeals and provides independent review and due process for employees and agencies.

What is an Individual Right of Action Appeal?

There are two ways in which an employee can bring an IRA appeal at the MSPB: 1) if OSC does not seek corrective action within 120 days of the filing of the complaint; or 2) if OSC closes its investigation of the complaint, the complainant has 65 days from the date of the written notice, or 60 days from the date of receipt of the notice, to file an IRA appeal.  5 U.S.C. § 1214(a)(3). The regulation incorporates the presumption of 5 C.F.R. § 1201.4(l) that a letter is received 5 days after mailing as applicable to the 60-day deadline for filing specified in the statute.

Prior to the enactment of the WPEA, the IRA appeal option was available only for  § 2302(b)(8) claims.  The WPEA expanded IRA appeals to cases brought under the following provisions of § 2302(b)(9):

• 2302(b)(9)(A)(i) – exercising any appeal, complaint, or grievance right granted by any law, rule, or regulation with regard to remedying a violation of paragraph (8);
• 2302(b)(9)(B) – testifying for or otherwise lawfully assisting any individual in the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
• 2302(b)(9)(C) – cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel; and
• 2302(b)(9)(D) – refusing to obey an order that would require the individual to violate a law.

The IRA appeal option is not available for claims brought under § 2302(b)(9)(A)(ii),  i.e., exercising any appeal, complaint, or grievance right granted by any law, rule, or regulation other than with regard to remedying a violation of paragraph (8).

In an IRA appeal, the Board may consider only the charges of whistleblowing that the appellant raised before OSC, i.e., the appellant must prove exhaustion of administrative remedies.  Therefore, if the complainant is subjected to additional retaliation after filing an initial complaint with OSC, it is critical to document efforts to supplement the initial complaint.

An AJ’s inquiry into exhaustion of administrative remedies is limited to identifying (1) the whistleblowing disclosures and (2) the personnel actions that the appellant raised before OSC.  The appellant must “give the [OSC] sufficient basis to pursue an investigation which might have led to corrective action.”  Ward v. Merit Sys. Prot. Bd., 981 F.2d 521, 526 (Fed. Cir. 1992) (citing Knollenberg v. Merit Sys. Prot. Bd., 953 F.2d 623, 626 (Fed. Cir. 1992)).

IRA appeals are reviewed de novo, i.e., the IRA appeal must be viewed independently from OSC’s decision to close the complaint.  Section 1221(f) of title 5, United States Code, expressly states: “[A] decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this section.”  5 U.S.C. § 1221(f) (emphasis added).  Section 1214 contains a similar prohibition:

A determination by the Special Counsel under this paragraph shall not be cited or referred to in any proceeding under this paragraph or any other administrative or judicial proceeding for any purpose, without the consent of the person submitting the allegation of a prohibited personnel practice.

5 U.S.C. § 1214(a)(3) (emphasis added).  Under this statutory scheme, OSC’s internal decisions regarding an appellant’s complaint have no legal relevance to whether he or she may proceed with an IRA appeal.  Congress took pains to protect OSC’s internal deliberations regarding the disposition of a complaint from Board review “to ensure that a whistleblower is not ‘penalized’ or ‘prejudiced’ in any way by OSC’s decision not to pursue a case.”  Costin v. Dep’t of Health and Human Servs., 64 M.S.P.R. 517, 531 (1994).  The MSPB can only order an appellant to produce OSC’s determination letter if the AJ explains why the letter is necessary and provides the opportunity to consent.  See 5 U.S.C. § 1214(a)(2)(B); Bloom v. Dep’t of Army, 101 M.S.P.R. 79, 84 (2006).

What is required to prove jurisdiction in an IRA appeal?

An IRA appellant must show exhaustion of administrative remedies and make non-frivolous allegations that the appellant made a protected disclosure that was a contributing factor to the personnel action taken or proposed.  Recently the Federal Circuit clarified that at the pleading stage, a MSPB AJ should not weight the evidence:

This court has made clear that the MSPB must “separate the issue of jurisdiction from that of the merits of a petitioner’s case.” Spencer v. Dep’t of the Navy, 327 F.3d 1354, 1356 (Fed. Cir. 2003) (citation omitted). And on several occasions, we have identified instances where the MSPB did not meet this requirement in the past. See id. We reiterate that at the jurisdictional stage, a petitioner need only assert non-frivolous allegations—allegations that are not “vague, conclusory, or facially insufficient,” and that the petitioner “reasonably believe[s]” to be true—of a protected disclosure that was a contributing factor to a reprisal. Johnston v. Merit Sys. Prot. Bd., 518 F.3d 905, 910 (Fed. Cir. 2008) (internal quotation marks and citation omitted). A petitioner’s credibility including, as in this case, consideration of affidavits submitted by an allegedly retaliatory supervisor claiming no knowledge of the petitioner’s protected disclosure or motivation to retaliate, “relate[s] to the merits of [the] claim.” Id. at 911, 912 n.3; see J.A. 6 (improperly considering affidavit of Mr. Piccolo’s supervisor at the jurisdictional stage). Non-frivolous allegations suffice at the jurisdictional stage precisely because, as here, the petitioner may not have access to all relevant documents or have been provided an opportunity to conduct discovery. See Johnston, 518 F.3d at 912; see Pet’r’s Original Br. 11-15, ECF No. 9 (detailing outstanding requests under the Freedom of Information Act). We have also required that petitioners in IRA appeals be provided “notice of deficiencies before a claim is finally dismissed” and “an opportunity to cure” their pleadings where specific details are “readily available.” Cahill v. Merit Sys. Prot. Bd., 821 F.3d 1370, 1375, 1376 (Fed. Cir. 2016).

Piccolo v. Merit Systems Protection Board, No. 2016-2374 (Fed. Cir. 2017).

What damages are available under the Whistleblower Protection Act?

A prevailing whistleblower can recover:

• lost wages,
• attorney’s fees,
• equitable relief (for example, reinstatement, rescinding a suspension, or modifying a performance evaluation), and
• uncapped compensatory damages (emotional-distress damages).

In addition, a whistleblower can recover fees, costs, or damages reasonably incurred due to a retaliatory investigation. Retaliatory investigations can take many forms, such as unwarranted referrals for criminal or civil investigations or extraordinary reviews of time and attendance records.

Does the Whistleblower Protection Act protect employees who exercise an appeal or grievance right?

Yes. Under 5 U.S.C. 2302(b)(9), agency officials may not take, fail to take, threaten to take a personnel action because an employee:

• Filed a complaint, grievance, or appeal;
• Testified or helped some else with one of these activities;
• Cooperated with or disclosed information to OSC or an Inspector General; or
• Refused to obey an order that would require the employee to violate a law

KEY TIP:  whistleblowers should generally follow the doctrine of “obey now, grieve later”—unless carrying out an order would violate a statute, place the employee in clear physical danger, or result in irreparable harm

• After carrying out the order on an interim basis, the employee can then blow the whistle to agency officials, an OIG, OSC, the media, or Congress. Or the employee can address the concern through an agency grievance procedure.

To establish a prima facie case of retaliation for exercising whistleblowing, complaint, appeal, or grievance rights under Section 2302(b)(9), an employee must prove the following four elements by preponderant evidence:

• the employee, or someone identified with the employee, engaged in a protected activity;
• the agency took, failed to take, or threatened to take a personnel action;
• the official responsible for the personnel action knew about the employee’s protected activity; and
• A causal connection existed between the protected activity and the personnel action.

The WPEA split Section 2302(b)(9)(A) claims into two subcategories:

• Section 2302(b)(9)(A)(i). This subsection involves the exercise of appeal, complaint, or grievance rights that deal with remedying a violation of Section 2302(b)(8).
• Section 2302(b)(9)(A)(ii). This subsection involves the exercise of appeal, complaint, or grievance rights that do not deal with remedying a violation of Section 2302(b)(8).
• The elements for proving these two subcategories are the same, but the standard for proving causation differs depending on the type of case. Appeal rights also differ between these subcategories.

Hiring Experienced Whistleblower Protection Act Lawyers

Zuckerman Law has represented whistleblowers before the Office of Special Counsel, Offices of Inspectors General, and Congressional oversight committees.  The firm is uniquely qualified to represent whistleblowers in the federal government because two of the firm’s attorneys served in senior roles at the U.S. Office of Special Counsel.

• Eric Bachman served as Deputy Special Counsel, Litigation and Legal Affairs, OSC, where he spearheaded an initiative to combat whistleblower retaliation at the Department of Veterans Affairs.  During Bachman’s tenure at OSC, the number of favorable actions for whistleblowers increased by over 50% agency-wide.
• Jason Zuckerman served as Senior Legal Advisor to the Special Counsel at OSC, where he worked on implementation of the Whistleblower Protection Enhancement Act and several high-profile investigations.

If you are seeking representation in a whistleblower protection case, click here, or call us at 202-262-8959 to schedule a free preliminary consultation.

Top-Rated Maryland Gender Discrimination Lawyers

Our Maryland gender discrimination lawyers are dedicated to securing justice for victims of gender discrimination in Maryland.  Eric Bachman, Chair of the Firm’s Discrimination Practice, is a pioneer in using civil rights laws to combat discrimination in the workplace.  His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.  See the December 2018 Women2.com interview of Eric Bachman: A Legal Leg for Women to Stand on in the Workplace.

If you have suffered discrimination, contact us today to find out how we can help you.

To schedule a preliminary consultation, click here or call us at (202) 769-1681.  

We handle a wide variety of employment matters in Maryland, including claims of:

• Glass ceiling discrimination;
• Sexual harassment;
• Gender discrimination, including Equal Pay Act claims;
• LGBT discrimination;
• Religious discrimination;
• Disability discrimination;
• Pregnancy discrimination;
• Age discrimination;
• “Quid pro quo” harassment; and
• Constructive discharge.

Click here to see our videos answering frequently asked questions about discrimination and retaliation.

Prevalence of Gender Discrimination

According to a 2017 Pew Research Center survey, four-in-ten working women (42%) in the United States believe that have faced gender discrimination in the workplace,  Additional findings include:

• “One-in-four working women (25%) say they have earned less than a man who was doing the same job; one-in-twenty working men (5%) say they have earned less than a female peer.”
• “Women are roughly four times as likely as men to say they have been treated as if they were not competent because of their gender (23% of employed women versus 6% of men), and they are about three times as likely as men to say they have experienced repeated small slights at work because of their gender (16% versus 5%).”

Gender Discrimination in Science, Technology, Engineering, and Math Jobs

According to a study released by the Pew Research Center in January 2018, gender discrimination remains prevalent in science, technology, engineering and math (STEM) jobs.  In particular, Pew surveyed more than 4,900 workers in the U.S in the fields of science, technology, engineering and math (STEM), and found that 50 percent of women reported experiencing discrimination in the workplace.  The percentage was significantly higher in majority-male workplaces.  According to the study, “some 74% of women in computer jobs, such as software development or data science, say they have experienced discrimination because of their gender.”

Maryland Sexual Harassment Attorneys

Recent sexual harassment scandals underscore the fact that sexual harassment is prevalent in the workplace.  And according to a recent EEOC report, approximately 40% of women have experienced one or more specific sexually-based behaviors in the workplace, such as unwanted sexual attention or sexual coercion.

Despite companies adopting “zero tolerance” policies, too many powerful officers, managers and supervisors engage in harassment and inflict serious harm on the careers and reputations of their victims.  We are committed to aggressively combatting harassment and holding perpetrators accountable.

Based on lessons learned from representing victims of sexual harassment, we have developed a Sexual Harassment Survival Guide for Employees, which can be downloaded for free on our website.

If you are confronting harassment in the workplace, it is important to understand your rights.  Though every case is unique, we hope that the following answers to common questions about harassment rights and remedies are helpful.

Leading employment lawyer Eric Bachman is frequently quoted in the media about the rights of victims of harassment and workplace discrimination, including in these recent articles:

• How to Report Sexual Harassment
• How to Identify Workplace Sexual Harassment When You See It
• Eric Bachman interviewed about the impact of arbitration agreements on sexual harassment cases

Although every case is unique, the following frequently asked questions provide an over view of the key legal issues that often arise in sexual harassment cases.

1. Can an employer be held liable for customer sexual harassment?
2. What damages or remedies are available for victims of sexual harassment?
3. What is a hostile work environment?
4. Can a single incident of harassment suffice to establish liability?
5. How do I prove my workplace is a hostile work environment?
6. What is quid pro quo harassment?
7. What is workplace sexual harassment?
8. In a sexual harassment case, does it matter if it is a supervisor versus a co-worker who is harassing me?
9. Who is a “supervisor” in sexual harassment cases?
10. How can employees combat harassment at work?
11. What is the deadline for filing a sex harassment or retaliation claim?
12. What type of retaliation is prohibited against an employee who reports unlawful discrimination or harassment?
13. Is an employer prohibited from retaliating against an employee because the employee reported harassment?
14. What is an employer’s affirmative defense in a sex harassment case?

Damages or Remedies for Gender Discrimination

More than half a century after Congress enacted the Civil Rights Act of 1964, which prohibits gender discrimination, too many women continue to face a glass ceiling blocking them from earning the promotions and other advancement opportunities that they have earned.

As reported by the Wall Street Journal, the number of female CEO’s among Fortune 500 companies has dwindled to just 5.4% (27 out of 500). This statistic alone helps illustrate the persistent presence of glass ceiling / promotion discrimination within corporate America.

Although the precise structure of a glass ceiling can vary from company to company, its discriminatory effects are undeniable and often devastating to those unable to break through it.  And according to one report, the average female employee loses $10,000 per year due to the wage gap between men and women.

Title VII of the 1964 Civil Rights Act, as well as other federal and state laws, make it illegal for an employer to use promotion practices that create a glass ceiling.  Cases brought by the Equal Employment Opportunity Commission (EEOC) and others make clear that companies must proactively address promotion discrimination issues.  For example, the EEOC sued Outback Steakhouse about the company’s glass ceiling that prevented women from being promoted.  The class action case ultimately settled for $19 million in damages.

If you win your case at trial or settle with the company beforehand, several types of remedies may be available.  For example:

• Back pay – the difference between what you should have been paid if promoted and what the company actually paid you;
• Compensatory damages – damages to address emotional distress, reputational harm, etc. that you suffered as a result of the company’s refusal to promote you;
• Punitive damages – damages to punish the company if it acted with malice or reckless indifference; and/or
• Make-whole relief – placing you into the higher level position you were unlawfully denied.

To learn more about gender glass ceiling discrimination, download our guide Shattering the Glass Ceiling: Tips for Combatting Promotion Discrimination:

Hiring a Top-Rated Maryland Gender Discrimination Lawyer

Hiring a proven and effective gender discrimination lawyer is critical to obtaining the maximum recovery in a sexual harassment case.  Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.   His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.

Having served as Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is trial-tested and ready to fight for you to obtain the relief that you deserve.

Bachman writes frequently on topics related to promotion discrimination, harassment, and other employment discrimination issues at the Glass Ceiling Discrimination Blog.

U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.

      

Maryland Glass Ceiling Discrimination Attorneys

Maryland Sexual Harassment Attorneys

Know Your Rights: Gender Discrimination and Retaliation

Discrimination

• I think I was discriminated against at work. What should I do now?
• Are there hiring requirements that apply nationwide or statewide?
• What is a protected class?
• What kinds of workplace discrimination are illegal?
• Is all discrimination unlawful?
• What types of employment actions do anti-discrimination laws cover?
• What is glass ceiling discrimination?
• If a coworker performs the same job as I do, but has worked with the company longer and gets paid more than me, can I sue?
• My boss yells at me for no reason, can I sue for hostile work environment?
• What is a bona fide occupational qualification (BFOQ) defense?
• What is a hostile work environment?
• What discrimination laws apply if I work in Maryland?
• What is pregnancy discrimination?
• What is religious discrimination?
• What should I do if I was a victim of discrimination at work?
• Are executives and law firm partners covered by Title VII’s employment discrimination protections?
• What is the difference between Title VII and Section 1981?
• Can a single, vile slur could create a hostile work environment under Title VII?

Retaliation

• What is retaliation?
• What is constructive discharge?
• If I complain about harassment and then am retaliated against, what rights do I have?
• Is an employee protected against retaliation for testifying on behalf of a co-worker?
• What if my employer retaliates against me for filing a discrimination claim?
• Is denial of a transfer away from a biased supervisor an adverse action?
• Is an employee protected against retaliation for participating in an employer’s internal investigation?
• Is a negative performance evaluation an actionable retaliatory action or adverse employment action?
• Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Employment Lawyers Representing Employees in Maryland

Our office is located in Chevy Chase, but we represent employees in discrimination and other employed-related litigation in several Maryland cities, towns and municipalities, including:

• Bethesda 
• Chevy Chase
• Rockville
• Silver Spring
• Kensington
• Frederick
• College Park
• Frederick
• Columbia
• Gaithersburg
• Garrett Park
• Glen Echo
• Greenbelt
• Greensboro
• Kensington
• Laurel
• New Carrollton
• Somerset
• Takoma Park

Zuckerman Law has outlined what is required to prove gender discrimination when filing your case. Visit the page  “how to prove gender discrimination”

Is it unlawful to fire an employee for exercising a right to obtain an employee benefit?

Section 510 of ERISA makes it unlawful for a person to “discharge, fine, expel, discipline, or discriminate against a participant or beneficiary for exercising any … Continued

Sarbanes-Oxley Whistleblower Protection at 15 Years: Promise Unfulfilled

Origin of Sarbanes-Oxley Whistleblower Provision Fifteen years ago, the U.S. economy suffered massive job losses and fell into a recession due to corporate accounting fraud. … Continued

Can a court grant summary judgment in a discrimination case prior to discovery?

  As a general rule, summary judgment is appropriate only “after adequate time for discovery.” Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). “[S]ummary … Continued