PROFESSIONAL PHILOSOPHY |
Attorneys owe clients the information needed to make decisions in their cases. Zealous advocacy for individual rights builds confidence in a civil law system for nonviolent resolution of disputes. Advancing the civil rights of workers, immigrants, consumers, minorities and the poor advances the social justice of our community. |
PROFESSIONAL EXPERIENCE |
TATE & RENNER Dover, Ohio, 1995-2009 Silver Spring, Maryland, 2012-2013 and 2023-2024.Partner. |
Founding partner in private law office devoted to advancing civil rights. Continued office as solo practitioner after partner’s death. Hired and supervised staff, including Office Manager, Legal Secretaries, and Associate Attorneys.
- Won reinstatement for Donna Trueblood in the first environmental whistleblower case against the WTI hazardous waste incinerator in East Liverpool, Ohio. After an 11-day trial, Judge Richard Morgan issued a decision finding company witnesses had "strayed from the truth." Community activist Alonzo Spencer said the decision has given new hope to their efforts against this illegal and unsafe plant.
- Coordinated successful legal actions for environmental whistleblowers at regional wastewater authority. Department of Labor hearing lasted 20 days in 1997; reinstatement order issued. With co-counsel, won First Amendment protections in Charvat v. EORWA, 246 F.3d 607 (6th Cir. 2001). Won public document case in Ohio Supreme Court. State ex rel. Russell v. Thomas (1999), 85 Ohio St.3d 83, 1999-Ohio-435.
- Founded Hispanic Ministries of Tuscarawas County, Inc. (1997). Served as president. Represented refugees. Wrote successful amicus briefs in State ex rel. Ten Residents v. Belskis (2001), 142 Ohio App.3d 296, and Vasquez v. Kutscher, 95 Ohio St.3d 280, 2002-Ohio-2125 establishing right to a marriage license without a Social Security number. Traveled to Guatemala in 2001, 2004 and 2006 to study its language and culture, and visit clients and their families. Obtained a writ of mandamus to secure the right of immigrants to marriage licenses in State ex rel. Valero v. Park, 2007-Ohio-6179. Asserted Fourth Amendment and due process rights for Guatemalan immigrant in Miguel v. INS, 359 F.3d 408 (6th Cir. 2004). Sought protection under the Convention Against Torture for Honduran afraid of extrajudicial killing. Castellano-Chacon v. INS, 341 F.3d 533 (6th Cir. 2003).
- Featured in the documentary film 2000 Miles North.
- Prevailed by settlement in a 2006 U.S. District Court jury trial for a factory worker seeking overtime compensation under the Fair Labor Standards Act (FLSA).
- Represented John Jasinski in nuclear and environmental whistleblower case against The Wackenhut Corporation and Exelon Corp., operators of the Three Mile Island nuclear power station.
- Represented Chris Kerper and Carrie Lavery in unfair labor practice charges while they organized and won two union elections, 49-48 and 12-5, in 2007.
- Won reinstatement of truck driver Harry Smith’s whistleblower claims about unsafe equipment. The Sixth Circuit said that dismissal of Smith’s case was an "injustice [that] threatens the purposes of the Act’s employee-protection provisions[.]" Smith v. Solis, 390 Fed.Appx. 450 (6th Cir. 2010).
- Submitted comments to Advisory Committee on Civil Rules, 2013-03-01, expressing concern that restrictions on discovery will disadvantage whistleblowers.
- Submitted comments to U.S. Department of Labor on Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges, 2013-02-04. Urged Department to express remedial purpose of whistleblower laws, reduce barriers to discovery and modernize electronic filing and discovery.
- Co-wrote successful amicus brief in Day v. Department of Homeland Security, 2013 MSPB 49, Docket No. DC-1221-12-0528-W-1 (MSPB 6-26-2013), on behalf of NELA. Brief argued that the Merit Systems Protection Board (MSPB) should apply Section 101 of the Whistleblower Protection Enhancement Act (WPEA) to protected disclosures made before WPEA's effective date. 2013-02-28.
- Lead author of NELA amicus brief in Howe v. City of Akron, 557 Fed.Appx. 402 (6th Cir. 2014), against a $97,056.18 sanction imposed on civil rights attorneys.
- Wrote successful amicus brief for NELA in Lucas v. Duncan, 574 F.3d 772 (D.C.Cir. 2009). The brief argued that inferences are key to proving employment discrimination, and it was an error for the lower court to impose sanctions for an argument based on inferences. The court agreed and vacated the sanction.
- Adjunct Faculty at Kent State University, Tuscarawas Branch. Taught Mathematics and Environmental Law, 1998-2000.
- Prevailed in Ohio Supreme Court appeal for Wilbert and Emma Kail in Lonas v. Kail (2001), 91 Ohio St.3d 1201, 740 N.E.2d 1103, 2001-Ohio-228. Protected clients from suit by former attorney for fees in excess of amount approved by the Industrial Commission.
- Wrote successful amicus brief to Ohio Supreme Court on the right of domestic violence victims to receive a protection order. Felton v. Felton (1997), 79 Ohio St.3d 34, 1997-Ohio-302.
- Prevailed in two appeals establishing the right of custodial grandparents to be parties in Juvenile Court cases. In re Sebastian, 2002-Ohio-782; In re Perez, 2004-Ohio-2707.
- Member of New Philadelphia Housing Appeals Board, 2003-2006.
- Pillars Club Community Service Award 1995.
- Tuscarawas County NAACP Freedom Fund Award for the Furtherance of Social Justice, 2008.
- Organized annual celebration of Dr. Martin Luther King, Jr., Day, 1987-2008. Delivered keynote address in 2010.
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KALIJARVI, CHUZI, NEWMAN & FITCH, P.C. Washington, DC, May 2013-May 2023Partner after 2015. |
Partner in law firm dedicated to employment law. Represented clients in Washington, DC, and elsewhere in whistleblower, discrimination, retaliation and other matters. Handled cases before the U.S. Department of Labor, Equal Employment Opportunity Commission (EEOC) and Merit Systems Protection Board (MSPB), and state and federal courts.
- Co-wrote amicus brief to the Supreme Court in Lawson v. FMR LLC, 571 U.S. 429 (2014), arguing that the Supreme Court needs to restore whistleblower protections for the employees of corporate contractors. The Supreme Court agreed. Co-wrote amicus brief on merits for National Employment Lawyers Association (NELA) and Government Accountability Project (GAP) on merits.
- Won reinstatement of Kevin Wallace's Sarbanes-Oxley whistleblower claim in Wallace v. Tesoro Corp., 796 F.3d 468 (5th Cir. 2015).
- Lead author of successful MWELA amicus brief in Foster v. Univ. of Md.-Eastern Shore, 787 F.3d 243 (4th Cir 2015). Fourth Circuit agreed that traditional methods of proving unlawful retaliation apply to meet the "but for" causation standard.
- With Lindsey Williams and Matthew Fogg, presented "The Uneven Web of Whistleblower Protection" to the Whistleblowers Summit, July 31, 2015.
- Lead author of the MWELA and GAP amicus brief in Smith v. Perez arguing that a nuclear whistleblower cannot be fired for a delay in elevating his safety concerns. 2015-11-16.
- Named as one of the best whistleblower attorneys in Washington, DC, by Washingtonian Magazine in 2020.
- Presented "The Unequal Web of Whistleblower Protections" to XI Encuentro International de Abogados Laboralistas y del Movimiento Sindical, March 10, 2017, Havana, Cuba. Member of National Lawyers Guild delegation to the international labor law conference.
- Presented "Getting The Lay Of The Land: An Overview Of Whistleblower Claims" to NELA's Fall Seminar, Shining The Light On Whistleblower & Retaliation Claims, October 18, 2013, Washington, DC. Served on Program Committee for the Seminar which drew over 150 whistleblower advocates.
- Wrote comments to EEOC on amendment to 29 C.F.R. § 1614.407 on when federal employees should be permitted to file EEO complaints in federal court (Document ID EEOC-2019-0001-0020), 2019-04-09.
- Co-wrote comments to EEOC on Revised EEO Management Directive 110 (Document ID EEOC-2014-0001-0001), 2014-04-25.
- Submitted comments to OSHA on Procedures for Handling of Retaliation Complaints under Section 402 of the Food Safety Modernization Act (Document ID OSHA-2011-0859), 2014-04-14.
- Presented Maintaining Ethical Grace in the Combat of Litigation, a paper and NELA webinar, 2014-04-03.
- Presented Overview of Whistleblower Claims to the Maryland Employment Lawyers Association, November 15, 2013, Columbia, Maryland.
- Presented Overview of Whistleblower Claims to the American Bar Association’s 7th Annual Labor and Employment Law Conference, 2013-11-09 in New Orleans.
- Presented Developments in Department of Labor Whistleblower Practice to NELA’s 2013 Convention. 2013-06-26.
- Elected to NELA’s Executive Board for the 2014-17 term.
- Named a 2014 and 2023 Washington, DC, Super Lawyer in Employment and Labor Law.
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KOHN, KOHN & COLAPINTO, LLP and NATIONAL WHISTLEBLOWERS CENTER Washington, DCSeptember, 2008, to November, 2012. |
Legal Director of the National Whistleblowers Center and attorney with Kohn, Kohn & Colapinto, LLP.
Provided legal representation and counsel to whistleblowers in matters involving wrongful dismissal, privacy and free speech, and the employee protections of numerous federal laws.
As Legal Director of the National Whistleblowers Center, oversaw assistance and advocacy for thousands of whistleblowers. Served on the NWC Board of Directors from 2001 to 2012 and as Secretary from 2002 to 2012. Editor-in-chief of the Whistleblowers Protection Blog.
- Prevailed as co-counsel in Youssef v. FBI, 687 F.3d 397 (D.C. Cir. July 20, 2012). Court reinstated Bassem Youssef's employment discrimination claims.
- Wrote successful amicus brief in Schroeder v. Greater New Orleans Federal Credit Union, 664 F.3d 1016 (5th Cir. 2011), arguing that federal banking laws protect internal reports of violations.
- Wrote two successful amicus briefs (on behalf of Evans and NWC) to the Department of Labor’s Administrative Review Board (ARB) in Sylvester v. Parexel Int’l LLC, ARB No. 07-123, 2011 WL 2165854 (en banc). The ARB agreed that corporate fraud whistleblowers need only a "reasonable belief" of a violation to be protected. The ARB rejected any limitation to "material" violations. The ARB also reversed prior decisions requiring the elevated pleading standards used in federal courts.
- Successfully represented Dr. Duane Bonds, formerly our nation’s top researcher on Sickle Cell Disease. With co-counsel, established her right to a jury trial on her wrongful discharge claim under the Whistleblower Protection Act. Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011).
- Testified in 2010 to the Occupational Safety and Health Administration (OSHA) on why and how it should improve its whistleblower protection programs.
- Wrote successful amicus brief in Stone v. Instrumentation Laboratory Company, 591 F.3d 239 (4th Cir. 2009). Brief argued for the right of corporate accounting whistleblowers to de novo review in U.S. District Courts. The Fourth Circuit agreed with the argument, and reinstated whistleblower claims.
- Fired after announcing plans to form a staff union. Featured in December 2, 2015, New York Times article, "Whistle-Blower Group Found Itself Target of Labor Complaint," by Matthew Goldstein and Ben Protess. The story breaks the news about a settlement with the National Whistleblowers Center (NWC) during NLRB proceedings.
With Lindsey Williams, issued a press release and a petition drive.
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CASA de Maryland Hyattsville, MarylandStaff Attorney. Summer, 2011. |
Counseled, advised and represented immigrant members seeking improvements in housing conditions, and in employment, immigration and consumer matters. Initiated rent escrow actions. Spoke to Spanish language media on fair development issues. Staff legal intake during co-worker's maternity leave.
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PUBLICATIONS AND PRESENTATIONS
- Maintain a table of over 100 federal anti-retaliation provisions.
- Presented Issue Spotting and Elections of Remedies to NELA’s 2024 Spring Seminar, Representing Federal and Public Employees, 2024-04-06.
- Submitted comments to OSHA on improving its whistleblower protection program, 2023-10-27.
- Wrote amicus brief for whistleblower rights groups in Farrington v. DOT (pending), Federal Circuit No. 2023-1901, urging narrow application of "duty speech" under 5 U.S.C. § 2302(f)(2), 2023-10-12.
- Wrote amicus brief for U.S. Department of Labor, Administrative Review Board (ARB), in Fagan v. Navy, on the authority of Administrative Law Judges (ALJs) to issue subpoenas in whistleblower cases, 2023-05-17.
- Presented OSC/Whistleblowers to the ABA Federal Sector Labor & Employment Law Committee Midyear Meeting with Emilee Collier, 2023-04-26
- Presented What Federal Employees Should Know About Whistleblower Protections to AFGE Local 17, 2022-10-25.
- "Congress needs to update protections for workplace-safety whistleblowers," letter to the Washington Post, 2020-05-06.
- Presented, Labor X Tech: Know Your Rights! to the Tech Workers Coalition, 2019-11-21
- Wrote comments to EEOC on amendment to 29 C.F.R. § 1614.407 on when federal employees should be permitted to file EEO complaints in federal court (Document ID EEOC-2019-0001-0020), 2019-04-09.
- Presented, Non-Sarbanes Oxley Whistleblower Protection to 12th Annual ABA Section of Labor and Employment Law Conference, San Francisco, California, 2018-11-07.
- Presented "The Unequal Web of Whistleblower Protections" to XI Encuentro International de Abogados Laboralistas y del Movimiento Sindical, March 10, 2017, Havana, Cuba. Member of National Lawyers Guild delegation to the international labor law conference.
- Interviewed for "How an Obscure Labor Board Case Threatens to Weaken Whistleblower Law," by Marcia Coyle, published August 17, 2016, in the National Law Journal.
- Wrote amicus brief for U.S. Department of Labor's Administrative Review Board in Palmer v. Canadian National Railway/Illinois Central Railroad.
- Submitted comments to the Local Rules and Forms Committee of the U.S. District Court for the District of Maryland on the effect of ESI Principles on whistleblower cases, June 1, 2016.
- Co-presented "Overview of Whistleblower Protection Laws" to Reining in Retaliation & Winning Whistleblower Cases, NELA's Spring Seminar, April 8, 2016, Boston, Massachusetts.
- Co-presented "The Uneven Web of Whistleblower Protection" to the Whistleblowers Summit, July 31, 2015.
- Co-wrote comments to EEOC on Revised EEO Management Directive 110 (Document ID EEOC-2014-0001-0001), 2014-04-25.
- Submitted comments to OSHA on Procedures for Handling of Retaliation Complaints under Section 402 of the Food Safety Modernization Act (Document ID OSHA-2011-0859), 2014-04-14.
- Presented Maintaining Ethical Grace in the Combat of Litigation, a paper and webinar sponsored by the National Employment Lawyers Association (NELA), 2014-04-03.
- Presented Overview of Whistleblower Claims to the Maryland Employment Lawyers Association, November 15, 2013, Columbia, Maryland.
- Presented Overview of Whistleblower Claims to the American Bar Association’s 7th Annual Labor and Employment Law Conference, 2013-11-09 in New Orleans.
- Presented "Getting The Lay Of The Land: An Overview Of Whistleblower Claims" to NELA's Fall Seminar, Shining The Light On Whistleblower & Retaliation Claims, October 18, 2013, Washington, DC. Served on Program Committee for the Seminar which drew over 150 whistleblower advocates.
- Presented Developments in Department of Labor Whistleblower Practice to NELA's 2013 Convention. 2013-06-26.
- Lead author of NELA amicus brief in Howe v. City of Akron, 557 Fed.Appx. 402 (6th Cir. 2014), against a $97,056.18 sanction imposed on civil rights attorneys. 2013-04-23.
- Submitted comments to OSHA about their new Whistleblower Complaint form, 2013-03-18.
- Testified to the DC Council Committee in favor of strong remedies for wage theft, 2013-03-04.
- Submitted comments to Advisory Committee on Civil Rules, 2013-03-01, expressing concern that restrictions on discovery will disadvantage whistleblowers.
- Co-wrote amicus brief in Day v. Department of Homeland Security for NELA. 2013-02-28
- Submitted comments to U.S. Department of Labor on Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges, 2013-02-04.
- Submitted a written public comment and oral testimony to the Department of Labor's Whistleblower Protection Program Advisory Committee, 2013-01-29.
- Editor-in-chief of Whistleblower Protection Blog (2009-2012).
- Submitted comments to the U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services, urging health insurance coverage for immigrants with lawful deferred status, 2012-10-21.
- Submitted comments to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) on regulations for handling whistleblower complaints under the Sarbanes-Oxley Act (SOX) as modified by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
- Author of Blowing the Whistle, a letter to the editor printed by Scientific American, December, 2010.
- Submitted comments to the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) on regulations for handling whistleblower complaints under the Consumer Product Safety Improvement Act (CSPIA), Surface Transportation Assistance Act (STAA), National Transit System Security Act (NTSSA), and the Federal Rail Safety Act (FRSA).
- Presented "NTSSA Fact Sheet" on the National Transit System Security Act for the Executive Board of Local 689 of the Amalgamated Transit Union, 2010.
- Presented "Ethics in the Face of Evil" to the 2010 NELA Convention.
- Submitted a report to the UN Universal Periodic Review of the Human Rights Council, on how the United States fails to comply with international human rights standards protecting whistleblowers, 2010-04-19.
- Wrote amicus brief for Ohio Supreme Court in Peters v. Columbus Steel Castings Co., 2007-Ohio-4787, protecting widows from the arbitration agreements of the spouse’s employer.
- Presented "The Most Pressing Issues in Representing Whistleblowers" to NELA Convention, 2009.
- Author of A Union Victory at Case Farms web page article, 2007.
- Presented "Sarbanes-Oxley and other federal whistleblower protections " to Ohio Employment Lawyers Association, March, 2004.
- Author of "Federal Environmental Whistleblower Complaints," in Employee Rights Quarterly, Vol. 3, No. 1 (Summer 2002), pp. 29-34.
- Moderated seminar on ethics, professionalism and substance abuse for Tuscarawas County Law Library, November 28, 2001.
- Presented "Informed Consent and the Obligation of Attorneys to Clients" for seminar in Akron, November 1, 1995.
- Represented Citizens Organized Against Longwalling in
"Citizens v. Div. of Reclamation, 41 Ohio App. 3d 290, 301 (Ohio Ct. App. 1987) (“In order for piped water to be a true "replacement water source," we believe the coal mining operator would have to pay the bill.”).
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