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 (SES 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 EmploymentLaw, 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).

Tully Rinckey PLLC
Attorneys & Counselors at Law
1800 K STREET NW SUITE 1030, WASHINGTON, DC 20006. PHONE: (202) 787-1900
441 NEW KARNER ROAD, ALBANY, NY 12205. PHONE: (518) 218-7100 FAX: (518) 218-0496

® © 2008 Tully Rinckey PLLC