Joseph V. Kaplan

Attorney Profile

Top Rated Employment & Labor Attorney in Washington, DC

Passman & Kaplan PC
 | 1828 L Street, NW, Suite 600
Washington, DC 20036
Phone: 202-789-0100
Fax: 202-789-0101
Selected to Super Lawyers: 2008 - 2019
Licensed Since: 1981
Practice Areas:
  • Employment & Labor (50%),
  • Employment Litigation: Plaintiff (50%)
Attorney Profile

Joseph V. Kaplan is one of the founding partners of Passman & Kaplan, P.C., in Washington, D.C. Mr. Kaplan focuses his practice on representing federal government employees, labor unions and private-sector employees in the areas of employment, labor and discrimination law. He litigates before several federal agencies, including the United States Merit Systems Protection Board, the U.S. Equal Employment Opportunity Commission, the Federal Labor Relations Authority, the Federal Mediation and Conciliation Service, the Department of Defense Office of Hearings and Appeals, and the U.S. Office of Special Counsel.

Mr. Kaplan is a graduate of Pennsylvania State University. He earned his Juris Doctor from Gonzaga University School of Law. He holds an LL.M. from The George Washington University Law School in Washington, D.C. He began his career at the National Treasury Employees Union, where he gained experience in labor negotiations and litigation. He entered private practice to focus on labor and employment law in 1986.

A regular lecturer on labor and employment issues at professional seminars, Mr. Kaplan has published numerous articles and reference books on federal labor relations. He was twice elected the national president of the Society of Federal Labor and Employee Relations Professionals, and he is active in the National Employment Lawyers Association and the Metropolitan Washington Employment Lawyers Association. He has also served as a court-certified expert witness on MSPB procedures.

Mr. Kaplan is admitted to practice in the District of Columbia, Pennsylvania and Maryland. He is also admitted before the U.S. District Courts for the District of Maryland, the District of Columbia and the Eastern District of Pennsylvania; the U.S. Courts of Appeals for the District of Columbia Circuit, the 4th and 11th Circuits, and the Federal Circuit; and the United States Supreme Court.

 
Practice Areas
Lawyer Practice Area Pie Chart

Employment & Labor (50%)

Employment Litigation (50%)

Selections

Selected to Super Lawyers for 12 yearsbottom-image

Super Lawyers: 2008 - 2019

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About Joseph Kaplan

Admitted: 1981, Washington D.C.

Professional Webpage: http://www.passmanandkaplan.com/Our-Attorneys/Joseph-V-Kapla...

Honors/Awards:

  • Fellow, College of Labor and Employment Lawyers, 2008
  • Cum Laude, Gonzaga University School of Law, Spokane, Washington
  • "AV" Rated
  • Washingtonian Magazine - Washington's Best Lawyers, 2004

Bar/Professional Activity:

  • U.S. District Court Eastern District of Pennsylvania, 1979
  • U.S. Court of Appeals Federal Circuit, 1980
  • U.S. Supreme Court, 1997
  • Society of Federal Labor and Employee Relations Specialists, 1991 - Present
  • District of Columbia, 1981
  • U.S. District Court District of Maryland, 1992
  • U.S. Court of Appeals District of Columbia Circuit, 1980
  • U.S. Court of Appeals 11th Circuit, 1996
  • Executive Board Member, Former Vice President, Metropolitan Washington Employment Lawyers Association, 1997 - Present
  • National President, Society of Federal Labor and Employee Relations Specialists, 1986
  • Maryland, 1992
  • U.S. District Court of the District of Columbia, 1981
  • U.S. Court of Appeals 4th Circuit, 1993
  • Member, National Employment Lawyers Association, 1997 - Present
  • National President, Society of Federal Labor and Employee Relations Specialists, 1993 - 1995
  • Pennsylvania, 1978

Pro bono/Community Service:

  • Musical Theater Center, 1992 - 2006
  • Hexagon
  • Whitman-Walker Clinic, 2006 - Present

Scholarly Lectures/Writings:

  • Basic EEO Case Processing, NLRBU Convention, October 7, 2005
  • The 'Shifting' Shifting Burdens of Proof in Employment Discrimination Cases, Virginia Bar, June 15, 2002
  • Reprisal Protections for Federal Employees, 39th Annual Symposium of the Society of Federal Labor and Employee Relations Professionals, May 10, 2012
  • Advising RMO's: How to Avoid Being Named an RMO and What to do When that Happens, Federal Training Foundation Federal Sector EEO Symposium, October 25, 2002
  • Advanced EEO Case Processing, NLRBU Convention, October 7, 2005
  • Annual Case Update, Society of Federal Labor Relations Professionals 27th Annual Symposium, September 22, 2000
  • Drafting Settlement Agreements, EEOC EXCEL Conference, August 18, 2011
  • Federal Training Foundation Federal Sector EEO Symposium, The Judge's New Handbook, October 24, 2002
  • Federal Training Foundation Federal Sector EEO Symposium, Resolving Complex Com Damage Claims and Other Remedy Issues, October 24, 2002
  • Drafting Enforceable Settlement Agreements, EEOC EXCEL Conference, August 1, 2012
  • Common Federal Employment Issues You Need to Know, NLRBU Convention, October 7, 2005
  • Mixed Cases & Election of Remedies in Federal-Sector Cases, Society of Federal Labor Relations Professionals, December 7, 2000
  • Mixed Cases, EEOC EXCEL Conference, August 17, 2011
  • Grievance Processing, Fraternal Order of Police - NLC #2 Convention, 2002
  • Mixed Cases & Election of Remedies in Federal-Sector Cases, Public Sector Committee of the Labor and Employment Law Section, DC Bar, April 27, 2000
  • Impasse Resolution at the FSIP, NLRBU Convention, October 7, 2005
  • Hot Topics for Federal Sector Advocates, EEOC Excel Conference Examining Conflicts in Employment Laws
  • Examination of Witnesses, EEOC EXCEL Conference, August 16, 2011
  • Weingarten Rights, Fraternal Order of Police - NLC #2 Convention, 2002
  • Significant Decisions of the Federal Circuit and the Merit Systems Protection Board, National Employment Lawyers Association Litigating & Winning Federal Employee Rights Cases, April 17, 2000
  • Negotiating & Drafting a Good Settlement Agreement, EEOC Excel Conference, August 22, 2005
  • Supervisor's Session: How to Avoid Being Named in a Title VII Discrimination Complaint, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2000
  • Effective Settlement Techniques and Drafting Enforceable Settlements, EEOC EXCEL Conference, July 14, 2010
  • The Role of the Union Steward, Fraternal Order of Police - NLC #2 Convention, 2002
  • Practitioner's Viewpoint, Society of Federal Labor Relations Professionals Arbitration in Federal Sector Labor Relations, April 12, 2000
  • Examination of Witnesses, EEOC Excel Conference, August 24, 2005
  • Zealous Advocacy on Behalf of Federal Employees, NELA Annual Convention, June 23, 2000
  • Proving or Avoiding Compensatory Damages, EEOC EXCEL Conference, July 12, 2010
  • MSPB Current Developments, The 20th Annual Federal Sector Labor Relations and Labor Law Program, Chicago-Kent College of Law, September 19, 2002
  • Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals National Symposium, April 23, 2010
  • Settlement Strategies and Techniques, Society of Federal Labor and Employee Relations Professionals Symposium, May 12, 2005
  • Rehabbing the Rehab Act, Government Training Institute, May 4, 2000
  • How to Keep Workplace Ant Hills from Becoming Workplace Mountains, Society of Federal Labor and Employee Relations Professionals, New York / New Jersey Chapter, Spring Conference, May 25, 2010
  • Examination of Witnesses at Hearing, EEOC EXCEL Conference, July 29, 2009
  • Framing Charges Before the MSPB: Back to Basics, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2002
  • Drafting an Enforceable Settlement Agreement, EEOC EXCEL Conference, July 29, 2009
  • Georgetown University Law School 23rd Annual Employment Law and Litigation Institute, Security Clearance Review Process, April 21, 2005
  • The Compensatory Damages Case: Perspectives from a Plaintiff's Representative, Government Training Institute Compensatory and Consequential Damages in Federal Sector Cases, March 22, 2000
  • Reprisal Protections for Federal Employees, Society of Federal and Employee Relations Professionals, Washington, DC, April 23, 2009
  • Retaliation: How Good Managers Go Bad: Avoiding the Pitfalls of Retaliation, EEOC Excel Conference Examining Conflicts in Employment Laws, August 29, 2002
  • Practitioner's Viewpoint, Society of Federal Labor Relations Professionals 1997 Arbitration Conference, 1997
  • MSPB Case Update, NELA: Everything You Need to Know About Representing Federal Employees, October 1, 2004
  • The EEOC's New Regulations for Federal Sector Case Processing, Society of Federal Labor Relations Professionals, March 21, 2000
  • Legal Update: What's Going On in Federal Employee Litigation? National Employment Lawyers Association Litigating & Winning Federal Employee Rights Cases, March 17, 2000
  • Reprisal Protections for Federal Employees, National Employment Lawyers Association, Chicago, October 16, 2008
  • Seeking and Defending Sanctions Before the EEOC, Examining Conflicts in Employment Laws, August 28, 2002
  • Gonzaga University Law Review, 1976 - 1978
  • Settlement Techniques, EEOC Excel Conference, August 30, 2004
  • The EEOC's New Regulations for Federal Sector Case Processing, MWELA Annual Convention, February 25, 2000
  • Examination of Witness at Hearing, EEOC EXCEL Conference, August 20, 2008
  • Employee Rights Supervisors and Managers, National Black Coalition of Federal Aviation Employees Annual National Training Conference, August 15, 2002
  • Federal Employees Legal Survival Guide, 2d Ed Work Place Fairness, 2004
  • Supervisor's Session: How Good Managers Go Bad Avoiding the Pitfalls of Retaliation, EEOC Excel Conference, August 31, 2004
  • Significant Board and Federal Circuit Decisions- The Practitioner's Perspective, Government Training Institute National Symposium on MSPB Law, Process, and Procedures, September 28, 1999
  • How to Avoid Being Named in an EEO Complaint, EEOC EXCEL Conference, August 19, 2008
  • Employee Rights Non-Supervisors and Non-Managers, National Black Coalition of Federal Aviation Employees Annual National Training Conference, August 14, 2002
  • Litigating Federal Sector Employment and Labor Disputes: A Practitioners Hand Book, Dewey Publications, Inc., 2002
  • Federal Sector: Mixed Cases and Election of Remedies, Georgetown University Law School 22nd Annual Employment Law and Litigation Institute, April 15, 2004
  • 1999 Annual Case Update, Society of Federal Labor Relations Professionals, September 17, 1999
  • Drafting an Ironclad Settlement Agreement, EEOC EXCEL Conference, August 19, 2008
  • Overview & How to Avoid and Prevent EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002
  • Federal Merit Systems Yearbook, Labor Relations Press, 1998
  • Federal Sector Arbitration: An Overview, Federal Training Foundation Winning Arbitration Advocacy, February 6, 2004
  • Mixed Cases, Proposed vs. Final Action, Compensatory Damages, Public Administration Forum: Understanding EEO Legal Concepts, July 7, 1999
  • Advanced EEOC Case Processing in a Nutshell, EEOC EXCEL Conference, August 18, 2008
  • Settlements of EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002
  • Federal Merit Systems Yearbook, Labor Relations Press, 1997
  • Mixed Cases & Election of Remedies in Federal-Sector Cases, Federal Training Foundation Winning Arbitration Advocacy, February 26, 2004
  • Further Reforms Needed? Federal Training Foundation EEOC: The Changing Landscape, October 13, 2003
  • Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Government Training Institute Legal Rights and Responsibilities of Officials Employee Rights and Agency Representation Obligations, May 12, 1999
  • Litigating Before an Administrative Judge: The Hearing and Pre-Hearing Process, EEOC Training Institute, Washington Field Office, June 17, 2008
  • Summary Judgment and Other Dispositive Motions, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002
  • Federal Merit Systems Yearbook, Labor Relations Press, 1996
  • Religious and National Origin Discrimination, the Claim du jour, Federal Training Foundation EEOC: The Changing Landscape, October 13, 2003
  • Attorney Fees in Federal Sector Employment Cases, D.C. Bar Labor and Employment Section/MWELA, February 2, 1999
  • Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals National Symposium, April 24, 2008
  • Advocacy Skills and Techniques for Mediation of EEO Complaints, Federal Training Foundation Resolving Federal Sector EEO Complaints, July 18, 2002
  • Federal Merit Systems Yearbook, Labor Relations Press, 1995
  • Arbitration Training, NLRB Union, October 10, 2003
  • Attorney Fees, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 16, 1998
  • Arbitration Advocacy, National Labor Relations Board Union Convention, October 5, 2007
  • Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Federal Training Foundation Advising and Counseling in the Maze of Civil Service Law, June 20, 2002
  • Federal Merit Systems Yearbook, Labor Relations Press, 1994
  • Compensatory Damages, EEOC Excel Conference, August 6, 2003
  • The Year in Review: Reading the Trends, Spotting the Hot Spots, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 15, 1998
  • Common Federal Sector Employment Issues, National Labor Relations Board Union Convention, October 5, 2007
  • How to Avoid Being Named in an EEO Complaint, Federal Training Foundation Advising and Counseling in the Maze of Civil Service Law, June 20, 2002
  • Reckless Disregard: Intentional And Willful Violations Of The Privacy Act's Investigatory Requirements, The Federal Lawyer Magazine, May, 1997
  • Drafting a Good Settlement Agreement, EEOC Excel Conference, August 26, 2003
  • The Ultimate Key to Charge Interpretation, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, October 15, 1998
  • Mediation of Collective Bargaining Negotiations, DC Bar, Labor and Employment Law Section, September 17, 2007
  • Federal Sector EEO Program, National Black Coalition of Federal Aviation Employees, June 12, 2002
  • Union Representation in Criminal & Admin. Investigatory Process Federal Service Labor Relations Review, Vol. 5, No. 2, 1983
  • Oral and Written Replies, Federal Training Foundation, 2003
  • Attorney Fees, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 25, 1998
  • Drafting Settlement Agreements, EEOC Excel Conference, August 14, 2007
  • Advising RMO's: How to Avoid Being Named as an RMO and What to Do When that Happens, Federal Training Foundation Annual EEO Symposium EEOC Review and Update, April 12, 2002
  • Legal Basis in Public Administration, American University, School of Public Affairs, Division of Public Administration, Spring, 2013
  • Recent Developments in Whistleblower Protections, Society of Federal Labor and Employee Relations Professionals National Symposium, April 19, 2013
  • Discrimination as an Affirmative Defense, Federal Training Foundation Adverse Actions, June 27, 2003
  • The Year in Review: Reading the Trends, Spotting the Hot Spots, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 24, 1998
  • Competitive Negotiation Techniques, EEOC Excel Conference, August 14, 2007
  • Summary Judgment, Federal Training Foundation Annual EEO Symposium EEOC Review and Update, April 12, 2002
  • Get the Most out of Witnesses in Emotional Distress Claims, Federal Workplace Conference, LRP Publications, April 3, 2013
  • The Defense du jour: Stone, Mesberger, and Due Process, Federal Training Foundation Adverse Actions, June 26, 2003
  • The Ultimate Key to Charge Interpretation, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, September 24, 1998
  • Examination of Witnesses, EEOC Excel Conference, August 15, 2007
  • The Art of Settlement, Federal Training Foundation, February 15, 2002
  • Overview of Federal-Sector Employment Appeals, West Virginia Employment Lawyers Association, February 9, 2002
  • Whistleblower Protection Enhancement Act, Metropolitan Washington Employment Lawyers Association Brown Bag, December 19, 2012
  • A Guide on How to Avoid Being Named an RMO, Federal Training Foundation How to Handle EEO Complaints, June 6, 2003
  • Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Government Training Institute: National Symposium on MSPB Law, Process, and Procedures, June 12, 1998
  • Forum for EEO, HR, and General Managers, EEOC Excel Conference, August 15, 2007
  • Compensatory Damages, NAACP Federal Sector Task Force, January 19, 2002
  • Enforceable Federal EEO Settlement Agreements: From Crafting to Drafting, LRP Publications, Audio Conference, September 20, 2012
  • Analyzing & Working the Performance Appraisal Complaint, Federal Training Foundation How to Handle EEO Complaints, June 5, 2003
  • Practitioner's Viewpoint, Society of Federal Labor Relations Professionals 1998 Arbitration Conference, 1998
  • Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals Hampton Roads Chapter Training Symposium, December 7, 2006
  • Rehabbing the Rehab Act, National Labor Relations Board Union, July 17, 2002
  • Closing Plenary, 60 Tips in 60 Minutes: Your Role in Making Government Efficient and Effective, 27th Annual Federal Dispute Resolution Conference, August 22, 2012
  • How to Avoid Being Named in an EEO Complaint, Society of Federal Labor and Employee Relations Professionals, May 28, 2003
  • MSPB Annual Case Update, Society of Federal Labor Relations Professions SFLRP Symposium, May 19, 1998
  • Negotiation Styles and Tactics, EEOC Excel Conference, July 25, 2006
  • Mixed cases & Election of Remedies in Federal-Sector Cases, State and Personnel Laws in the District of Columbia, November 14, 2002
  • What is the Agency Rep's Role in the EEO Process? 27th Annual Federal Dispute Resolution Conference, August 21, 2012
  • General Session: A Look at 30 Years of Labor Management Relations, Society of Federal Labor and Employee Relations Professionals 30th Annual Symposium, May 16, 2003
  • Representing Federal Workers in Employment Disputes: Navigating the Maze, Fairfax Bar Association Semi-Annual Employment Law, February 3, 1998
  • Examination of Witnesses, EEOC Excel Conference, July 26, 2006
  • Arbitration Challenges, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001
  • Anatomy of a Reprisal Case, EEOC EXCEL Conference, August 2, 2012
  • What to Do in Discipline/Adverse Action Cases: How to Avoid Pitfalls; How to Defend Yourself, Society of Federal Labor and Employee Relations Professionals 30th Annual Symposium, May 16, 2003
  • Federal Employees' Privacy Rights in Misconduct Investigations and Related Privacy and Investigatory Issues, Government Training Institute Violence in the Workplace, March 19, 1997
  • Structured Settlements in Employment Cases, NELA: Annual Conference, June 24, 2006
  • Advanced EEO Issues, Society of Federal Labor and Employee Relations Professionals 33rd Annual Symposium, May 12, 2006
  • Overview of Arbitration, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001
  • Drafting Settlement Agreements, EEOC EXCEL Conference, August 2, 2012
  • Safe Harbor Defenses in Non-Sexual Harassment Cases, Federal Training Foundation Annual EEO Symposium, May 2, 2003
  • What Makes a Good Case? A Behavioral and Legal Approach to Working with Problem Employees, Association of Legal Administrators, March 5, 1997 - March 15, 1997
  • First Amendment Rights of Government Employees, Georgetown University Law School 24th Annual Employment Law and Litigation Institute Legal Trends and Practice Strategies, April 6, 2006
  • Review & Enforcement of Awards: Where to Go and on What Basis, Federal Training Foundation: Winning Arbitration Advocacy, December 5, 2001
  • Examination of Witnesses, EEOC EXCEL Conference, July 31, 2012
  • The Economics of Running an Employment Practice, MWELA Annual Conference, March 20, 2003
  • New Rules for Firm Choice and Reasonable Accommodation, Public Administration Forum MSPB Practitioners Forum, 1996
  • A Year of Change, Metropolitan Washington Employment Lawyers Association: Practice Before the MSPB 1994, May 10, 1995
  • Setting the Stage and Closing the Deal: Opening and Closing Statements, NELA: Accommodating Disabilities and Family and Medical Leaves, March 10, 2006
  • Federal Sector Nuances, MWELA Attorney Fees Brown Bag, October 18, 2001
  • Proving Compensatory Damages Through Lay Witnesses, NELA Annual Convention, June 22, 2012
  • Overview of Medical Issues and Disability Questions, Federal Training Foundation Disabilities, Medical Issues & The Employee in the Federal Workplace, February 27, 2003
  • Challenges and Ethics of Managing Client Needs, Expectations, and Emotions, MWELA Annual Conference, March 3, 2006
  • 2001 Annual Case Update, Society of Federal Labor Relations Professionals, September 14, 2001
  • Recent Developments at the Federal Circuit and MSPB – Is the Pendulum Swinging? Society of Federal Labor and Employee Relations Professionals, D.C. Chapter Training Brown-Bag Luncheon, June 19, 2012
  • Overview of Arbitration, Federal Training Foundation Winning Arbitration Advocacy, January 23, 2003
  • Intake Essentials of a Privacy Act Claim, MWELA Annual Conference, March 3, 2006
  • How to Avoid Being Named in an EEO Complaint, EEOC 2001 Excel Conference, 2001
  • Panel Discussion Regarding Significant MSPB and Federal Circuit Decisions, MSPB Breakout Panel, U.S. Court of Appeals for the Federal Circuit Judicial Conference, May 17, 2012
  • Review & Enforcement of Awards: Where to Go and On What Basis, Federal Training Foundation Winning Arbitration Advocacy, January 23, 2003 - February 23, 2003

Representative Clients:

  • National Labor Relations Board Union
  • Fraternal Order of Police Government Printing Office
  • Dong v. Smithsonian Institution, 943 F.Supp 69, D.D.C. 1996
  • Fraternal Order of Police, National Labor Council #2
  • Bremer v. Evans, 1:03-CV-01338 (JR), D.D.C. 2005
  • National Labor Relations Board Professional Association
  • Various AFGE Locals

Educational Background:

  • George Washington University National Law Center, Washington, District of Columbia, LL.M. in Labor Law, 1979
  • Pennsylvania State University, State College, Pennsylvania, B.A. in Political Science, President - Academic Assembly, President - Liberal Arts Student Council, President - Student Government Association (Abington Campus), 1975
Office Location for Joseph V. Kaplan

1828 L Street, NW
Suite 600
Washington, DC 20036

Phone: 202-789-0100

Fax: 202-789-0101

Joseph V. Kaplan:

Last Updated: 11/16/2018

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