Disclaimer: ER&SS’s achievements on behalf of clients are unique to the facts and circumstances of each case. These bulletins do not suggest similar results could be obtained for other individuals in similar matters without reference to the specific factual and legal circumstances of each case.
June 6, 2024: During a two-day MSPB hearing, the Federal Agency employer rested its case early and asked to enter into a settle agreement after ER&SS was able to extract key facts from Agency witnesses on cross examination. Thereafter, ER&SS successfully negotiated a resignation in lieu of termination and a lump sum payment that reimbursed attorney fees as well as a percentage of his lost back pay stemming from the termination. Our client now has a clean record and can move on in his career in a new path.
May 5, 2024: ER&SS successfully negotiated a settlement agreement for our Federal client after more than two years of litigation. This situation involved consolidating two cases alleging hostile work environment, retaliation, race and color discrimination. A great result for our client that included monetary damages for emotional suffering, attorney fees, and leave restoration for time off to handle to hostile work environment.
April 26, 2024: Another fantastic result for our client! Our client’s Agency sought to have the case dismissed through summary judgment. The EEOC, however, denied the Agency’s motion for summary judgment, found evidence of reprisal against our client, and scheduled our client’s case for a hearing after more than three years of litigation. Mere days before the hearing on issues of race discrimination and a retaliatory demotion, the Agency negotiated a settlement agreement that reimbursed her attorney fees, provided back pay, and provided compensatory damages for the emotional suffering she endured after the demotion.
April 5, 2024: A win on appeal! Per our appeal, the EEOC overturned the administrative judge’s decision granting summary judgment against our client. In its ruling, the EEOC stated that the administrative judge erred when he decided in favor of the Agency without first allowing our client the opportunity to present his own evidence at a hearing. Our client’s case has now been returned for a hearing on the facts of his hostile work environment case. It took more than three years to gain this great result, but we are happy we could make this happen for our client.
December 22, 2023: ER&SS successfully defended our client against her employer’s Motion for Summary Judgment, resulting in the EEOC ordering a hearing for “reprisal per se.” In this case, admissions in the employer’s investigation demonstrated that HR encouraged our client not to file a race discrimination and retaliation EEO claim. ER&SS looks forward to putting forth our client’s complete case and to a favorable outcome for her.
August 31, 2023: The EEOC granted ER&SS’s Motion for Summary Judgment for our client. The EEOC found that our client’s employer subjected her to “associational disability discrimination” by revoking a job offer based on her child’s disclosed disability. As a result, the EEOC awarded substantial compensatory damages for emotional pain and suffering; ordered the employer to reinstate the original job offer; and ordered the employer to provide all back pay, benefits, and attorney fees.
August 29, 2023: After a two-day hearing before the Merit System Protection Board for involuntary retirement due to age and disability discrimination against our client, ER&SS negotiated a fair and proper settlement agreement for our client satisfactory to all parties.
August 26, 2023: ER&SS successfully negotiated a re-hearing settlement for a client who suffered reprisal and a hostile work environment. Our client’s supervisor advised her to neither file an EEO claim nor hire an attorney for her concerns. Her Agency tried dismissing the claim, but upon reviewing ER&SS’s arguments, the Judge scheduled a hearing in short order instead. Avoiding a costly and emotionally draining hearing, our client received a proper settlement with compensatory damages for emotional suffering, attorney fees, and restored annual leave.
June 7, 2023: Again, ER&SS steps in to get our client her due pay. The Merit System Protection Board found a year ago that our client’s Agency discriminated against her by denying her access to the Reasonable Accommodation process. As a result, the MSPB ordered compensatory damages, attorney fees and back pay. Yet over four months later, the Agency still hadn’t given her backpay. ER&SS petitioned the MSPB for relief, and the MSPB ordered the Agency to pay our client’s attorney fees associated with the hours necessary to get the Agency to comply with the MSPB’s original decision.
May 3, 2023: ER&SS secured a settlement for our client who had been discriminated against based on his sexual orientation. In addition to fair compensation for emotional suffering, our client also received attorney fees and a reassignment away from the supervisory chain that created the hostile work environment.
March 28, 2023: Another favorable settlement! ER&SS secured a substantial settlement for our client that included compensatory damages for emotional suffering and attorney fees. Our client’s claim began when her employer refused to grant her a reasonable accommodation to a remote position as a COVID-19 safety measure despite her medical letters recommending the remote work. Instead, the employer assigned younger, non-disabled individuals to the remote positions. Her employer next retaliated against her by forcing her back to work from her remote work location while allowing similarly situated colleagues to continue remote work. Rather than being forced to her original work location, our client tendered an involuntary early retirement. Weeks before trial, ER&SS secured a favorable settlement through mediation. Our client can now retire knowing she fought for what was right, and ER&SS was there to help her along the way.
March 7, 2023: The EEOC granted our client’s Partial Summary Judgment and ruled that her employer wrongfully disclosed private medical information to third parties. Ultimately, after three years of litigation, ER&SS secured a proper settlement that allowed our client to move forward with compensation for emotional pain and suffering as well as attorney fees.
February 22, 2023: ER&SS steps in to get our client her due pay. Six months after ER&SS secured our client a settlement agreement for pregnancy discrimination, the employer still hadn’t paid her back pay under the settlement agreement. ER&SS petitioned the EEOC and the EEOC found our client’s employer in breach of the settlement agreement. As a result, the court ordered immediate backpay and and all attorney fees associated with filing the appeal.
January 24, 2023: Another success without trial! ER&SS intervened after our client’s employer sought to move her involuntarily to a position hundreds of miles away from her existing job, her home, her children’s schools, and her spouse’s job. ER&SS developed a plan to protect our client’s original position and contacted the employer with our concerns. Shortly after receiving our correspondence, the employer rescinded the forced move. Our client continues to live and work in her original location—happier and more secure after allowing ER&SS to protect her rights.
January 5, 2023: A successful settlement! ER&SS secured a sizable settlement for our client that included back pay, compensatory damages and reimbursement of attorney fees. Our client’s employer originally denied her COVID-related Reasonable Accommodation. Then, after granting ER&SS’s request for reconsideration on her behalf, her employer engaged in unreasonable delay while keeping her on unpaid leave for months as the employer figured how to proceed, causing her emotional harm and pay loss. After a successful mediation, ER&SS was ultimately able to get our client a favorable monetary settlement with her accommodation.
November 2, 2022: Federal contractors sometimes have rights too, even if the Agency doesn’t think so. As a result of our independent investigation and thorough arguments, our Federal contractor client received a chance to find justice through the EEOC judicial process even after the Agency he supported rejected his racial discrimination claim because he was a contractor. The EEOC, however, agreed with ER&SS’s appeal, overturning the Agency’s dismissal and concluding our client was a “joint employee.” The EEOC therefore vacated the Agency’s dismissal, directed the Agency to conduct a thorough investigation under a strict timeline, and mandated the Agency to report detailed findings back to the EEOC. This instance shows you don’t have to accept an Agency’s rejection of your proper claim.
July 25, 2022: ER&SS achieved another MSPB win! Our client’s Agency ran her AWOL when she flew home to seek urgent medical care, teleworked from home, and ultimately remained home and teleworked due to COVID-19 travel restrictions. ER&SS argued the Agency committed disability discrimination and subjected our client to an involuntary suspension of her duties, and the judge agreed. The Judge found the Agency provided no evidence it would have faced any hardship by allowing our client to telework during the course of her medical treatment. As a result, the Agency has to return our client to her position before its discriminatory conduct, to include back pay, benefits restoration, and attorney fees.
June 21, 2022: In a case against a private tech firm, ER&SS negotiated a substantial settlement on behalf of a client who experienced a retaliatory termination, gender, and equal pay discrimination. ER&SS reached the settlement after 12 months of lengthy negotiations and multiple retaliation attempts from the company after she filed with the EEOC. Our client’s successful outcome included severance pay and compensatory damages approximately ten times the employer’s original severance offer.
May 11, 2022: Our client’s Agency terminated her, but ER&SS was able to successfully negotiate through her national origin and age discrimination claim. As a result, our client got her job back and a reasonable compensatory damages award to make her whole. Another fantastic outcome!
May 25, 2022: Our client’s Agency was investigating him for alleged workplace misconduct. Fortunately for him, he came to ER&SS as soon as possible. We successfully limited his exposure to discipline, including the very realistic potential for termination. Because he retained ER&SS early in the process, we were able to reframe the issues, gather new evidence, and present the case in a new light to the Agency’s investigator. As a result, our client only received a minor suspension action and escaped termination. For this matter, there couldn’t be a better outcome for him, and we’re proud to have helped create that outcome for him.
May 11, 2022: ER&SS successfully helped our client restore his overseas driving privileges by successfully appealing his suspension. Small, but meaningful results like these make our work so rewarding.
April 25, 2022: ER&SS successfully argued against a summary judgment in favor of the agency without a hearing. Before our client retained us, a judge issued a notice that she would decide against our client without a hearing. Once retained, ER&SS objected to the judge’s preliminary ruling, arguing the non-selecton at issue was due to gender discrimination for being pregnant and a mother of young children. The judge reversed her original ruling and scheduled our client for a full hearing on the merits. Shortly thereafter, and after two years of litigation, the Agency settled, resulting in compensatory damages and attorney fees. Another fantastic result!
March 4, 2022: In a case against a private tech firm, ER&SS successfully negotiated a seven figure settlement on behalf of a client who experienced retaliation, race, gender, and pregnancy discrimination. We reached the settlement after 12 months of lengthy negotiations and multiple retaliation amendments before the EEOC. The employer was at first confident that it was safe from our client’s law suit. We showed the employer otherwise. Where her employer first offered no settlement for more than a year, we were able to achieve a hugely successful outcome that included severance pay, compensatory damages, and restoration of non-monetary benefits that were otherwise scheduled to expire with her departure.
February 11, 2022: Our client’s agency proposed firing him, alleging he was untruthful during during the hiring process. ER&SS found evidence the agency excluded when it proposed his removal and presented that evidence to the agency in rebuttal. As a result of our representation, the agency rescinded entirely its attempt to fire our client. His record is now clear of any wrong doing and no punishment will occur.
February 8, 2022: ER&SS successfully advocated for sanctions against an Agency for failing to preserve electronic evidence as required. During our client’s race and color discrimination hearing, through cross examination, we demonstrated how the Agency knowingly failed to issue a “litigation hold,” expunging evidence in favor of our client in the process. The Agency deleted key evidence it maintained in an electronic database, resulting in the total loss of this information for our client’s scrutiny. The EEOC judge agreed that the Agency failed its duty to preserve relevant evidence, ruling that the EEOC will sanction the Agency on the merits of the remaining claims. A final decision on the case is pending.
January 11, 2022: An agency proposed firing our client for alleged workplace misconduct. ER&SS thoroughly researched the matter and rebutted the agency’s proposal. Through our representation, the agency reconsidered the firing and instead issued a short suspension. Our client gets to keep his job!
December 4, 2021: As our client’s case pends at the EEOC, his agency gave a false and derogatory reference to his new employer. The derogatory reference caused the new employer to revoke its job offer to him. ER&SS argued to the EEOC that contacting his new employer was retaliation for his ongoing claim, and the EEOC accepted the new claim. Our client now has access to justice and can pursue retaliation in addition to his standing discrimination claims.
December 3, 2021: Another procedural win for ER&SS! Immediately after our client requested a hearing for his supervisor’s discrimination, the supervisor retaliated by sending a false and adverse reference to his new employer. ER&SS therefore sought to add a retaliation claim for our client. Expectedly, the Agency tried to dismiss the claim. The EEOC, however, disagreed with the Agency and found that the two claims were related. Our client can now show the EEOC how the Agency treated him unlawfully after he filed his original claim.
December 2, 2021: An agency tried to dismiss our clients’ claims, arguing that, as contractors, they had no access to Title VII rights. ER&SS argued that the agency treated them similar to how it treated its employees. The EEOC agreed with ER&SS, holding that our clients were allowed to bring a wrongful discrimination action as “joint employees.” Even though they are contractors, our clients now have the right to pursue their discrimination claims under Title VII at the EEOC.
December 2, 2021: A great ruling today from the EEOC for two of our contractor clients! The Agency summarily dismissed their discrimination claims, arguing that they were not employees, but “only” government contractors performing services. The EEOC, however, agreed with ER&SS that despite being contractors, the Agency’s daily control over their work activities positioned them to receive rights just like Agency employees. As a result, the EEOC overturned the Agency’s dismissal. Our clients’ now have the right to appear before the EEOC.
November 9, 2021: Breaking through the procedural obstacles Agencies throw at our clients! An Agency asked the EEOC for a finding against our client without giving him a hearing. The Agency claimed that there was no evidence of a race-based hostile work environment, but the EEOC disagreed. After reviewing ER&SS’s arguments, the court found our client had sufficient evidence supporting his claims. As a result, our client will get a hearing on the merits.
July 19, 2021: An important procedural win to help our client move forward. Our client notified his Agency of the hostile work environment he faced due to race and color discrimination. His Agency dismissed the claim, summarily saying that what he suffered was “not severe enough to establish a hostile work environment.” The EEOC, on the other hand, agreed with ER&SS that the Agency insufficiently looked into the matter before jumping to its adverse conclusion. As a result, the EEOC reinstated our client’s race and color discrimination claims, and he is able to take the matter to a hearing.
June 16, 2021: A fantastic result in lieu of litigation! The agency denied our client a new employment position in retaliation for his EEO complaint. ER&SS negotiated a monetary settlement for him even after he left the agency for better employment conditions.
May 11, 2021: ER&SS wins at the Merit System Protection Board! After much litigation, the Board agreed with ER&SS that the Agency’s hostile work environment compelled our client to resign involuntarily. As a result, our client received attorney fees, nearly a year of back pay and benefits, and a position reinstatement.
April 22, 2021: ER&SS provides another great outcome! An Agency terminated our client, who suffered through a hostile work environment and discrimination based on national origin and gender. ER&SS negotiated for her to receive monetary compensation and for the Agency to remove the termination from her official personnel file. She can now continue pursuing Federal employment.
February 2, 2021: Another victory for an ER&SS client! The Agency unjustifiably refused to reclassify our client’s GS grade before unfairly dismissing his racial discrimination and retaliation claims. ER&SS appealed the Agency’s dismissal to the EEOC, and the EEOC agreed with us. “We conclude that these allegations state a viable claim…and should not have been dismissed,” the EEOC wrote. Now, although his Agency tried to deny him the right to be heard, our client will have his day to shine light on the racial discrimination and retaliation in his workplace.
December 15, 2020: Huge win on an Agency’s discrimination against our disabled veteran contractor client! ER&SS appealed the Agency’s wrongful dismissal of a disabled veteran contractor’s disability discrimination complaint. The EEOC overturned the Agency’s unjust dismissal, agreeing with ER&SS that the Agency was a “joint employer” for the contractor. As a result, the EEOC is allowing our contractor client to sue the Agency for disability discrimination. ER&SS is proud to serve veterans wherever they need help, and this win demonstrates that we are the right firm to do so!
September 27, 2020: A win this time without a fight! ER&SS is especially proud to announce that we just helped a client receive approximately $22k in relocation benefits after the Agency first summarily denied funding her relocation. ER&SS reasoned with the Agency on appeal, convincing the Agency of its fundamentally unfair position. Our client quickly received her relocation benefits, showing how well crafted advocacy can sometimes get you what you need without the stress of hearings and prolonged litigation. Our client’s words are touching: “I can’t thank you enough, Crista, for all your guidance and help throughout this process. The investment was beyond worth it. Having you represent me has certainly made a difference. All I ever wanted was justice in my situation. You helped me realize my rights and helped me fight for it. Thank you, thank you, thank you.”
July 17, 2020: ER&SS won at the MSPB, resulting in a full reversal of an Agency’s removal action! The MSPB Judge agreed with ER&SS that the Agency acted in bad faith by changing our client’s conditions of employment without notifying him. As a result of the reversal, our client not only got his job back, but also full backpay, interest and attorney fees!
July 14, 2020: ER&SS just successfully negotiated 75% severance pay increase for a Federal contractor employee resigning due to workplace race discrimination.
July 9, 2020: Another ER&SS victory! We just successfully appealed a client’s Personal Security suitability determination. Our client remains a Federal Employee.
June 19, 2020: Another ER&SS win! ER&SS just helped a Federal employee client win a dispute with her Agency over housing benefits while stationed abroad in Japan. ER&SS reminded the Agency of her pre-negotiated housing rights, and the Agency fully reversed its views on how to treat her while she serves abroad.
June 15, 2020: Today, ER&SS successfully negotiated an EEOC settlement agreement for disabled Federal employee facing Agency discrimination. Even after getting retained late into the litigation, ER&SS was able to amend her EEOC claim, get her case on track, and go from no Agency settlement offer to a worthy settlement agreement!
February 27, 2020: Ms. Kraics in the local news again for helping clients pro-bono. “Crista Kraics, the Philadelphia-area attorney who represented six parents in the Department of Education complaint, said new allegations of bullying and gender discrimination have been leveled against the administrator and that an investigation is being done by DODEA’s Pacific leadership.” https://www.stripes.com/news/pacific/dodea-principal-lambasted-over-dress-code-is-reassigned-during-investigation-1.620457
January 31, 2020: ER&SS proudly represents clients when the cause calls for Agencies to do the right thing. Treating schoolgirls with the dignity and respect they deserve sets the proper tone for their futures. “[Ms.] Kraics said the actions cultivated an atmosphere of fear in which female students were afraid to go to school because they were worried about being singled out.” https://www.stripes.com/news/no-zipperless-pants-or-showing-collar-bone-parents-file-complaint-on-dress-code-for-girls-at-kadena-ab-middle-school-1.617015