Gender Discrimination
Similar to race discrimination, this discrimination area has evolved significantly in the last twenty years. Women during this period have encountered certain kinds of discrimination involving family medical leave issues and pregnancy. Men have also can suffer discrimination at companies who believe in the name of diversity, fail to follow Title VII employment discrimination laws. Finally, discrimination in many states such as Maryland and the District of Columbia make it illegal to discriminate in the work place against persons based on their sexual preferences.
Our firm proudly represents both women and men in these areas of the law. In 2007, our firm successfully reversed a Chief Equal Employment Opportunity Commission, Administrative Law Judge, in a gender stereotyping case, Hitchcock v. Chertoff, Office of Federal Operations, Appeal Number: 0120051461, in which the OFO firmly established that there is basis for gender discrimination, cause of action due to an employee failing to fit a typical stereotype for a given gender, i.e. homosexuals.
Of course, the most significant gender discrimination case which our firm has been involved is the Hayes v. Napolitano, a 2012 case that made national headlines. We represented New York City, Immigration and Customs Enforcement (ICE) chief James Hayes when was passed over for promotions in favor of less-qualified individuals, some of whom used to work for Janet Napolitano and were friends of hers, when she was governor of Arizona. When Hayes complained about discrimination and government corruption, he was retaliated against by ICE officials launching six investigations against him, none of which were founded. Hayes lawsuit alleged among other things that ICE Chief of Staff, Ms. Barr created a frat house-type atmosphere culture.
The case gathered national press coverage, including segments on NBC's Today show and Fox News, as well as articles on CNN, and national papers such as the Wall Street Journal, the New York Times, Chicago Tribune, Los Angeles Times, and Washington Post. After several months of litigation in federal Court, the case resulted in ICE Chief of Staff resigning and a $175,000 settlement without Mr. Hayes being forced to resign.
Our firm battled many obstacles in settling this case, to which the government had moved to dismiss on legal technicalities. We were able to obtain key affidavits from ICE employees who courageously came forward when justice called on them. At the beginning of the case, many media sources, most likely for political reasons, were far from deferential to Mr. Hayes and my law firm. Nonetheless, under national media scrutiny our firm stood up to the challenge and obtained a fantastic result.
There is a whole chapter in the Third Edition of my book, Secrets to Your Top Recovery, delving into the Hayes case and the methods we employed to neutralize unfavorable media or in some cases completely change several media outlets to view the case favorably. Unquestionably, the firm’s game plan and execution in handling national media contributed to the excellent result.