Call Our Free Helpline NOW 949-379-6250

Employment Law News

IS THE U.S. DEPARTMENT OF JUSTICE RACIST?

Posted by Samuel A. Wong | Apr 29, 2014 | 0 Comments

 ON 

Doj 300x1621

Joshua Nesbitt joined the Department of Justice in 1992. As is common at any job, after several years of service, Nesbitt applied for a promotion in 2010. Unfortunately, Nesbitt did not receive a promotion; another attorney with the Department with less experience and poorer application requirements did. So what is unusual about this scenario? Nesbitt is claiming that he was passed over for the promotion because he is an African American employee, while the man who did get the job is Caucasian.

A federal jury in Washington D.C. was to hear the case next week. They would have deliberated and decided whether race was a factor in Nesbitt's promotion denial. Since 2013, Nesbitt has been representing himself, but he recently obtained representation for the trial. As of Monday morning, the DOJ had settled the case. Attorneys for Nesbitt have confirmed that “an agreement in principle has been reached.”

The DOJ had argued that the attorney who was selected for the promotion had leadership and supervisory experience that Nesbitt did not have. Nesbitt argued that supervisory experience was not listed as a qualification. The DOJ attempted to have the case tossed out of court last year, however, a senior judge ruled that Nesbitt had provided enough inconsistencies within the hiring process to allow the case to go to trial.

About the Author

Samuel A. Wong

Samuel A. Wong is a renowned Orange County trial lawyer and a Co-Founder of Aegis Law Firm. Mr. Wong has spent his entire career litigating employment related matters, including wrongful termination, discrimination, harassment, wage, disability and medical leave cases. Mr. Wong is also an expert ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

The Quickest and Easiest Way to Hold Your Employer Accountable

At the Aegis Law Firm, we know that you may be going through a difficult time, and we are here to help you recover from the wrongs that you suffered. An attorney at our Orange County or Los Angeles law firm can speak with you for a free initial consultation to help you with your employment issues. We also take most cases on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation.

949-379-6250

Menu