Wrongful discharge
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Debra S. Katz, Partner
Debra S. Katz has been successfully litigating employment discrimination, civil rights, and whistleblower protection cases for more than 20 years. She is a founding partner of Katz, Marshall & Banks, LLP, where she concentrates her practice on employment discrimination, wrongful discharge, Sarbanes-Oxley and other whistleblower claims, contractual employment disputes and civil rights matters. Ms. Katz has developed extensive litigation experience in federal and local courts in the District of Columbia, Maryland and Virginia and before federal and state administrative agencies. -
Harassment in the Workplace, ALI-ABA Course of Study
This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies. -
Constructive Discharge
The U.S. Supreme Court's 2003-04 term featured few employment cases, little disagreement among the justices regarding their disposition and, on balance, more victories for plaintiffs than defendants. The court expanded the statute of limitation for certain claims brought under 42 U.S.C. 1981 and gave both plaintiffs and defendants something to applaud and decry in its decision on constructive discharge in the sexual harassment context. It rejected a theory of "reverse age discrimination," and declined to make a substantive ruling in a much-anticipated disability case, instead chastising the 9th U.S. Circuit Court of Appeals for applying the wrong analytical framework. -
Whistleblowing, Sarbanes-Oxley, and Retaliation Claims, ALI-ABA Course of Study
Undoubtedly the most widely discussed federal whistleblower statute is the enacted provision of the Sarbanes-Oxley Act of 2002, Pub. L. No. 107-204 (July 30, 2002) that protects certain corporate whistleblowers who report financial or securities-related wrongdoing. As of March 21, 2006, 714 Sarbanes-Oxley whistleblower cases had been filed with the Department of Labor. Given increased media exposure and employee education about this law, and the breadth of the coverage and protections afforded, one can only anticipate a proliferation in the number of cases filed. -
Complaint For Declaratory, Injunctive, And Monetary Relief And Jury Demand (Sauer and Martino v. ArmorGroup North America and Armor Group International)
This is a civil action for declaratory, injunctive and monetary relief for injuries Plaintiffs James Sauer and Peter Martino sustained as a result of their unlawful terminations, in retaliation for their whistleblowing about the fraudulent representations made by Defendants ArmorGroup North America and ArmorGroup International; Defendant Karl Semancik, former President of AGNA; Defendant Michael O'Connell, former Director of Operations of AGNA; and Defendant Caroline Ruart, former Director of Human Resources of AGI (collectively Defendants) to the United States Department of State. Defendants made these fraudulent misrepresentations regarding AGNA's experience, staffing capabilities, equipment and facilities in its attempt to secure and maintain a $187 million government contract to provide a guard force to protect the U.S. Embassy in Kabul, Afghanistan. Plaintiffs bring their claims for retaliatory and wrongful discharge under the anti-retaliation provision of the False Claims Act, 31 U.S.C. § 3730(h), and the common law claim of wrongful discharge in violation of public policy.