Search Site

Department of Justice (DOJ) opinion

For our immigration/criminal defense clients, see recent decision from the Department of Justice: OCAHO publishes decision – Leola Branch v. Duong Schumacher 14 OCAHO no. 1358 (2020) On June 2, 2020, the Office of the Chief Administrative Hearing Officer (OCAHO) published a precedent decision in Branch v. Schumacher, 14 OCAHO 1358 (2020). The Administrative Law Judge (ALJ) denied Respondent’s motion to dismiss. Respondent argued that OCAHO lacked subject matter jurisdiction to hear Complainant’s national origin discrimination claim because Complainant had also filed a charge with the Equal Employment Opportunity Commission (EEOC). The ALJ considered 8 U.S.C. § 1324b(b)(2), which precludes dual filing of national origin discrimination claims based on the same set of facts with both OCAHO and the EEOC, unless either agency dismisses the charge for lack of subject matter jurisdiction. The ALJ found that the EEOC charge was still in the investigatory phase and Respondent did not show that OCAHO lacks subject matter jurisdiction based on the number of Respondent’s employees. Respondent also argued that Complainant failed to allege a prima facie case of national origin discrimination. The ALJ explained that the federal pleading standard is not applicable in OCAHO proceedings and a complainant is not required to plead a prima facie case. Therefore, the ALJ found that Complainant stated sufficient facts to allege a claim for national origin discrimination.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

  • NADC Top One Percent
Our Office
  • Philadelphia Office
    1500 John F. Kennedy Boulevard
    Suite 520
    Philadelphia, Pennsylvania 19102
    Phone: 215-423-5500
    Fax: 215-231-9847
Recent Verdicts
  • Settlement Reached in Philadelphia Amtrak Accident

    In 2015, a speeding Amtrak train derailed in Philadelphia, leaving eight dead and hundreds injured. One victim hired our firm to handle her personal injury claims, and attorney Thomas Kenny was among the first to reach a settlement with Amtrak. READ MORE

  • Federal Probation Terminated–Without a Hearing

    Our client, who was sentenced to several years in federal prison and three years of probation, has been completely released from supervision after our firm filed a successful motion in federal court. The judge granted our motion without even scheduling a hearing and our client walked free.

  • Zoning Board Appeal Granted in Philadelphia

    Our firm successfully lodged an appeal with the Zoning Board of Adjustment in Philadelphia. After our firm presented the project at a local community meeting, worked with the architect to showcase the merits of the proposed structure, and publicly fought the case before the Zoning Board, our client is now permitted to begin construction. READ MORE