OSHA Class Action
EKRT serves as counsel for the Class Agent and a Certified Class in a case currently pending before the Equal Employment Opportunity Commission (EEOC) against the Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA). Tschappat v. DOL/OSHA, Appeal No. 0120091988, Hearing No. 100-98-8066X, EEOC New No. 531-2018-00316X
The Certified Class is defined as:
Individuals over the age of 45 who applied for promotion to GS-018 Occupational Safety and Health Specialist and Occupational Safety and Health Manager positions at the GS-13 and GS-14 grade levels from 1994 to present.
This case was certified as a nationwide Class Action by the EEOC in September 2005. In February 2009, the Administrative Judge (AJ) assigned to the case issued a decision decertifying and dismissing the Class case. EKRT successfully appealed that decision to the EEOC’s Office of Federal Operations and received a decision on February 23, 2017, that recertified the Class. On May 12, 2017, the EEOC denied DOL's request for reconsideration.
The case is now pending before AJ Enechi Modu in Baltimore, MD.
EKRT will continue to provide information to class members and will update this page and attach relevant orders.
*UPDATE* February 4, 2019 - A memo was sent to all known potential class members providing a status update.
Please click here to view that memo.
*UPDATE* On February 14, 2019, the parties participated in a pre-hearing conference with AJ Modu. The EEOC issued a Scheduling Order and a Status Order. You can access these orders by clicking on the respective hyperlinks.
*UPDATE* March 12, 2019, A memo has been sent to all known potential class members providing them with an update on the case. Please click here to view the message.
*UPDATE* April 22, 2019, a letter and draft notice has been sent to all class members that we have been able to identify as being passed for a position for persons under 45.
*UPDATE*April 22, 2019, the Agency’s Motion for Sanctions with Exhibits can be found here.
*UPDATE*April 29, 2019, Notice received from additional Class Agent Joseph Czapik.
*UPDATE*May 13, 2019, Notice received from additional Class Agent Jose Hernandez, Jr.
*On May 24, 2019, Class counsel participated in a telephone conference with the Agency attorneys and Administrative Judge Modu. The hearing was scheduled to address discovery responses and the DOL’s Motion to Compel. In addition, DOL moved to impose sanctions, which ended up being a thinly disguised attempt to revisit class certification. There is little doubt in my mind that she will continue to narrow the class. I came out of this telephonic hearing with a firm belief that the Administrative Judge has predetermined what actions will be taken to reduce or eliminate most of this class case. AJ Modu rejected the Notices of Appearance by Class Members Czapik and Hernandez as additional Class Agents during this hearing as well. In an effort to keep the class informed I am posting the order entered based on the hearing.
*Update* August 8-9, 2019 – Based upon information provided to Class Counsel, by Wiliam Tschappat a NOTICE was filed with the EEOC and Agency related to Mr. Tschappat’s ongoing status in this case. As a result of this Notice, the presiding AJ Modu entered a Corrected Order of Dismissal on August 9, 2019.
Click HERE to view the order.
*Update* January 7, 2020
The DOL has issued a "Notice to Class" to each former class member in this case, explaining their rights to appeal the Agency's decision implementing AJ Modu's dismissal of the class case, or to process their individual claims.
Please contact EKRT if you believe you that you are a Class member or have other questions about the pending case. If you fill out and submit the information in the form below, someone from EKRT will contact you for additional information.
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