| |
John Mahoney is a partner with Tully Rinckey PLLC and concentrates his practice in federal sector employment and labor law.
John provides representation to federal employees, agencies, unions, and employee associations in federal sector labor and employment law matters throughout the country and around the world. He has nearly 20 years of experience representing the federal sector community and has served as an expert witness on federal employment law.
John has represented federal employees, contractors, unions, employee associations, agencies, and/or private businesses before various federal courts such as the Supreme Court of the United States, the United States Court of Appeals for the Federal Circuit, the Court of Federal Claims, various district courts, as well as before such federal agencies as the Equal Employment Opportunity Commission (EEOC) and the Merit Systems Protection Board (MSPB). He was previously appointed to serve as the Vice Chair and an administrative judge
(ES IV) of the Government Accountability Office’s (GAO) Personnel Appeals Board, where he adjudicated employee disciplinary, discrimination, whistleblower reprisal, and labor law cases. He has served as General Counsel to various unions, as Senior Associate to the General Counsel of the Senior Executives Association, as well as a member of the AFL-CIO's national Lawyers Coordinating Committee.
John received the highest attorney AV
Rating from the Martindale-Hubbell National attorney rating service, meaning he is considered by the legal community to be a lawyer with "very high to preeminent legal ability; expertise, experience, integrity and overall professional excellence" and that he "clearly demonstrates the highest professional and ethical standards."
John has also been a member of the American Bar Association (ABA), the Metropolitan Washington Employment Lawyers Association (MWELA), and is a current member of the Bar of the Supreme Court of the United States. He is admitted to practice law in the District of Columbia.
He was elected by the nearly 2,000 DC labor and employment law attorney members of the D.C. Bar’s Labor and Employment Law Section to serve two terms as that Section’s Co-Chair, in which
position he led that Section to its only “Best Section of the DC Bar Award.” Subsequently, he was elected to serve as the Chair of the D.C. Bar’s Council on Sections, in which position he oversaw the development of continuing legal education and community outreach programs for the 26,000 attorney members of the Bar’s 23 practice area sections.
As a former candidate for the Maryland State Senate and as the former Young Democrats President of Maryland, John has worked with the U.S. Speaker of the House, the Majority Leader of the U.S. House of Representatives, and the current Chairman of the Democratic Congressional Campaign Committee, as well as with
U.S. Senators Kennedy, Mikulski, and Cardin. In 2004, John had the honor of addressing the Maryland Delegation at the Democratic National Convention, where he had the pleasure of meeting for the first time Barack Obama, the current President of the United States.
Prior to joining Tully Rinckey, John founded The Mahoney Law Group, a boutique immigration law firm, as well as The Mahoney Group, a professional search firm specializing in the recruitment and placement of engineering, marketing, and legal professionals, managers, and executives with some of the most popular companies around the world. John was also a Founding Partner and the Director of Litigation at Mahoney & Mahoney, LLP, a leading Washington, D.C. law firm specializing in representing federal government agencies, businesses, unions, employee associations, and individual employees in labor and employment law matters. He is an oft published author and frequent public speaker on federal labor and employment law issues.
John earned his Juris Doctorate from the Catholic University of America’s Columbus School of Law in 1993. While there, he was chosen as an Editor of the Year of The Catholic University Law Review and interned for the D.C. Government's Office of Labor Relations and Collective Bargaining, as well as for Labor Arbitrator Roger Kaplan. In 1990, John obtained his Bachelors degree with honors from Assumption College in his hometown of Worcester, Massachusetts,
where he co-founded the college's
Law Society.
AWARDS
- AV® Rating,
Martindale-Hubbell®: John received
the organization’s highest
attorney rating, meaning he is
considered by the Washington, D.C.
legal community to be a “lawyer
with very high to preeminent legal
ability;” “expertise, experience,
integrity and overall professional
excellence” and that he clearly
demonstrates “the highest
professional and ethical
standards.”
- Elected Member, Congress of
Fellows for the Center for
International Legal Studies in
Salzburg, Austria.
- Elected Member of the Cosmos
Club. Mr. Mahoney is considered
distinguished in the learned
profession of the law and public
service.
PUBLICATIONS
-
J. Mahoney & P. Jeffrey, “Regulations
Strip DHS Employee Appeal Rights,”
Commentary Article in The
Federal Times Newspaper (Dec.
10, 2007).
-
Mr. Mahoney was quoted extensively
in the August 15, 2007 issue of
the CyberFEDS online newsletter in
an article by Melissa Turley of
CyberFEDS Washington Bureau
entitled “EEOC: Fewer Employees
Finish ADR Counseling.”
“Developments in U.S. Government Labour & Employment Law That May
Have International Implications:
Unfortunate Events In History: The
Recent Disenfranchisement Of
American Employees Labour And
Employment Rights,”
Center for International Legal
Studies Labor and Employment Law
Symposium, Salzburg, Austria (Jun.
29, 2007).
-
“Decision Leaves Older Employees at
Risk for Retaliation”,
Article in The Federal Times
Newspaper (June 11, 2007).
-
“How to Save Time on EEO
Investigations,”
Article in The Federal Times
Newspaper (Jul. 24, 2006).
-
“Homeland Personnel Changes Leave
Employees Vulnerable,”
Article in The Federal Times
Newspaper (Aug. 15, 2005).
-
Interview,
Municipal Notebook
on Montgomery Municipal Cable,
Channel 16 for political commentary
(Mar. 2005).
-
John Mahoney is the author of the
2002 Federal EEO Handbook
-
John Mahoney is the co-author of
the book entitled Federal
Employees Legal Survival Guide,
How to Protect & Enforce Your Job
Rights, 1st Edition
(National
Employee Rights Institute
ed., Jul. 1999).
-
Articles in FEDAGENT E-Report (Aug &
Mar. 6, 2003 issues).
-
“Legal Analysis: Misconduct
Investigations And Exceptions To The
Privacy Act,”
FEDMANAGER ON-LINE NEWSLETTER.
(May 23, 2000).
-
“EEOC's New Federal Sector
Regulations and Management Directive
110: an Overview,”
THE
D.C. B. LAB. & EMPLOYMENT L.
SECTION'S NEWSLETTER,
No.3. (Winter 1999-2000), at 13.
-
“Official Public Statement Regarding
the EEOC’s Proposed Federal Sector
Complaint Regulations,”
(D.C.
BAR LABOR & EMPLOYMENT LAW SECTION,
Apr. 1998).
-
“Official National Comments On The EEOC’s Proposed Federal Sector
Regulations”
(THE
NATIONAL EMPLOYMENT LAWYERS
ASSOCIATION (NELA),
Apr. 1998), reprinted in
NELA’S
EMPLOYEE ADVOCATE.
-
“Reckless Disregard: Intentional And
Willful Violations Of The Privacy
Act’s Investigatory Requirements,”
The Federal Lawyer Magazine,
May 1997, at 38.
-
“MSPB Non-Local Attorney Fees
Awards: Recognizing the Strong
Interest of Geographic Latitude in
the Selection of Counsel,”
95 FED.
MERIT SYSTEMS REP. 35
(Aug. 28, 1995), reprinted in
FEDERAL MERIT SYSTEMS 1996 DESK
BOOK, Part IV,
at 19, (3d ed. LRP Publications).
Articles in
MWELA’S
NEWSLETTER
and
THE FRATERNAL ORDER OF POLICE (FOP)
RANGER LODGE NEWSLETTER.
ASSOCIATIONS
-
Member,
D.C. Bar Association
-
Member, Congress of Fellows of the
Center for International Legal
Studies
-
Former Chair, DC Bar Association,
Council on Sections
-
Former Award-Winning Co-Chair, D.C. Bar Labor &
Employment Law Section
-
Former Chair, D.C. Bar Labor &
Employment Law Section’s Public
Sector Committee
-
Inaugural Board of Advisors
Member, D.C. Employment Justice
Center
PROFESSIONAL PRESENTATIONS & LEGAL
COMMENTARY
-
Understanding and Enforcing Your
Federal Employee Rights, Address
to the Federally Employed
Women, National Training Program,
Washington, DC (Jul. 19, 2007)
-
International Labour and
Employment Law, Address to
the Center for International
Legal Studies Symposium,
Salzburg, Austria (Jun. 2007).
-
Mr. Mahoney was invited to address
Recent Developments in U.S.
Government Labor & Employment Law
and their International
Implications at Cologne
Business School, International
Campus, Germany.
-
Your Rights As A Federal Employee,
Address at the American
Federation of Government
Employees, AFL-CIO's National
Training Conference,
Washington, D.D. (2006) [with
Peter J. Jeffrey, Esq., Firm
Associate]
-
Co-hosted "Politics in the Round,"
on Washington, D.C.’s Hot 99.5 FM
and DC 101 FM.
-
Federal EEO Case Law Update,
Address at FPMI Solutions,
Inc.'s 10th Annual HR/EEO Forum,
Orlando, Fl. (2005)
-
Co-hosted "FEDtalk," on
Washington, D.C.’s WTOP's 1050 AM
and Federal News Radio.Com
(2000-2003).
-
Supreme Court and Federal Circuit
Case Law Update 2002, Address at
the Federal Dispute Resolution
Conference, Desert
Springs, CA (Aug. 20-21, 2002).
-
MSPB Mock Hearing (Appellant’s
Representative), Presentation at
the Federal Dispute Resolution
Conference,
Desert Springs, CA (Aug. 20-21,
2002).
-
MSPB and EEO Case Law Updates and
related Workshops, Addresses at
Public Administration Forum's (PAF)
Practitioners Forums
(2000-2002).
-
Your Liability as a Federal
Employee, Addresses at various
Federal Employee Association
Conferences (2000-2003).
-
EEO Case Law Update, Address at
the PAF EEO Counselors Summer
School Training Program (Jul.
2001).
-
Mediation and Arbitration of
Employment Law Disputes, Address
to the D.C. Bar’s Litigation
and Labor & Employment Law Section (May 2001).
-
EEOC’s Federal Sector Complaint
Processing, Address at the
PAF’s EEO Practitioners Forum
(May 2001).
-
MSPB Case Law Update, Address at
the PAF’s MSPB Practitioners
Forum (Apr. 2001).
-
Dispute Prevention Specialist (DPS)
Training On Legal Issues, Address
at the PAF’s DPS Training
Programs (Sep. 27, 2000 & May
2000).
-
EEO and Labor Law, Address at the
PAF’s Federal Labor
Practitioners Forum (Jul. 18,
2000)(PAF’s Program Chair).
-
EEO Statute, Regulation & Case Law
Update, Address at the PAF’s
EEO Counselors Summer School
Training Program (Jul. 2000).
-
EEO Complaint Processing and
Collective Bargaining, Address at
the Society of Federal Labor
Relations Professionals' (SFLRP)
25th Anniversary Symposium
(May 20, 1998).
-
Litigating Privacy Act Cases,
Address to the Montgomery
County, MD Bar Association’s
Employment Law Section (Apr. 14, 1998).
-
Your Rights As A Federal Employee
and Gaining Law Enforcement
Officers’ Retirement, Addresses at
the FOP’s Federal
Officers’ Weekend Convention
(Mar. 20, 1998).
-
Interviews, CBS News (for
commentary on 1998 Supreme Court
sexual harassment cases); The
Washington Post, The Washington
Times, The Legal Times, The
Washington Lawyer Magazine, The
Federal Times, and The MWELA
Newsletter (for stories written on
several of his cases and Bar
activities).
APPOINTMENTS
-
2003: Appointed by the Comptroller
General of the United States to
serve as a statutory Member of the
Congressional Government
Accountability Office's (GAO)
Personnel Appeals Board (PAB) a
civil, employment, and labor law
enforcement agency.
- Served as an administrative judge,
Board Member, and ultimately the
Vice Chair of PAB until 2005. In
that capacity, John was
responsible for adjudicating all
types of employment law,
whistleblower reprisal,
discrimination, and labor law
claims between GAO and its
employees under GAO's innovative
Human Capital civil service system
and assisting in the management of
that federal agency.
-
2003: Appointed by
the County Executive of Montgomery
County, Maryland, and confirmed by
the County Council to serve as a
Member of the County government's
Mid-County Citizens Advisory Board
(MCCAB), on which he served as a
liaison between the County
Executive and the citizens of the
Mid-Montgomery County area.
He served as the Chair of MCCAB's
Legislative, Transportation &
Public Safety Committees.
LITIGATION HIGHLIGHTS
-
EEOC GRANTS SECOND PETITION
FOR ENFORCEMENT FINDING THAT THE
U.S. DEPARTMENT OF THE TREASURY
FAILED TO APPROPRIATELY DETERMINE
THE AMOUNT OF BACK PAY, WITH
INTEREST, DUE THE PETITIONER AND
THAT INCREASES IN SES-LEVEL PAY
INCREASES, AWARDS AND BONUSES ARE
NOT SPECULATIVE IN NATURE.
More than five years after the
EEOC initially affirmed an EEOC
Administrative Judge's finding the
U.S. Department of the Treasury
liable for sex discrimination when
Petitioner was not selected for an
SES position, the EEOC once again
ordered the U.S. Department of the
Treasury to calculate the
Petitioner's salary based upon the
assumption that she would have
received the highest performance
review available for each review
period and should award benefits
that the average outstanding SES
employee at the agency received
during each fiscal year at issue.
Further, the EEOC found the
Petitioner entitled to receive
attorney fees. See Farrell
v. Dep't of Treasury, Petition No.
0420070019 (Oct. 24, 2008); see
also Farrell v. Dep't of Treasury,
EEOC Appeal No. 07A20043 (May 3,
2003).
-
EEOC ISSUES RARE DEFAULT
JUDGMENT AGAINST THE USDA AS A
SANCTION FOR THEIR MISCONDUCT.
John Mahoney directed the
litigation that lead to full
relief for a Federal Employee in a
novel Race & National Origin
Discrimination by Association and
"Regarded as" Disability
Discrimination case. See Steven
A. Johnson v. Mike Johanns,
Secretary, U.S. Department of
Agriculture, EEOC CASE No.
520-2006-00120X, Agency No. FSA
2005-00711 (EEOC New York District
Office, Boston Area Office,
Sanctions Order Issued Jan. 22,
2007).
-
Mr. Mahoney represented a manager
at the Federal Election Commission
in successfully settling her
claims of sexual harassment,
gender discrimination, and
retaliation against that agency.
See The
Washington Post, Mar. 8, 2006, The
Federal Page;
-
Mr. Mahoney settled a disabled
cancer survivor's claim of
disability discrimination and
retaliation in federal employment
against the Department of Health
and Human Services, National
Institutes of Health, National
Cancer Institute. See the Gazette
Newspaper June 3, 2005;
-
Mr. Mahoney won a finding of
discrimination and an award of
full relief, with retroactive
promotion to the SES level,
backpay, compensatory damages, and
attorneys fees in excess of
$100,000, in a federal employee
sex discrimination case before the
EEOC, see Farrell v. Snow,
Secretary, Department of the
Treasury, EEOC Appeal No.
07A20043 (May 5, 2003);
-
Mr. Mahoney won a finding of
discrimination and an award of
full relief, with backpay and
compensatory damages in excess of
$100,000, in a Wage Grade-level
federal employee race and
perceived disability
discrimination case before the
EEOC, see Flythe v. Caldera,
Secretary, Department of the Army,
EEOC Appeal No. 01972258 (2000);
-
Mr. Mahoney successfully
argued an appeal of first
impression before the United
States Court of Appeals for the
Federal Circuit, resulting in the
creation of new due process rights
for a class of disabled Federal
employees and the reversal of
several MSPB decisions and an OPM
regulation, see VanWersch v.
Department of Health and Human
Servs., 197 F.3d 1144 (Fed.
Cir. 1999);
-
John Mahoney co-authored a
petition for writ of certiorari to
the Supreme Court of the United
States as an attorney of record in
a case, which, with the assistance
of AFGE, helped lead to
legislation treating the
Smithsonian Institution as an
agency under Title VII of the
Civil Rights Act, see Dong
v. Smithsonian Institution,
125 F.3d 877 (D.C. Cir. 1997),
reh'g denied, No. 96-503
(1997), cert. denied, 524
U.S. 922 (1998);
-
Mr. Mahoney successfully
tried, as an attorney of record, a
case of first impression before
the U.S. District Court for the
District of Columbia, see
Dong v. Smithsonian Institution,
943 F. Supp. 69 (1996)(first case
awarding compensatory
damages under the Privacy Act, 5
U.S.C. § 552a); and
-
Mr. Mahoney successfully
prosecuted and argued a motion for
summary judgment in a
multi-million dollar class action
against the U.S. and D.C.
Governments in the U.S. District
Court for the District of Columbia
on behalf of retired U.S. Park
Police officers, which case was
covered in the press, see
Wheeler v. District of Columbia (D.D.C.
1995)(unpublished).
|
|
