Hilary P. Gerzhoy was recently featured in a National Law Journal article titled “‘Close Case’: DC Circuit Revives Pro Se Litigant’s Job Retaliation Suit Against ATF,” discussing a recent appellate victory in Tommy Ho v. Merrick B. Garland before the United States Court of Appeals for the District of Columbia Circuit.
The article discusses a significant ruling by the U.S. Court of Appeals for the D.C. Circuit, which overturned a lower district court’s dismissal of the pro se litigant’s job retaliation claims against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Acting as court-appointed amicus counsel, Hilary and Mohammad (Muji) Ali successfully argued that Mr. Ho had alleged sufficient facts in his complaint to support a plausible claim of retaliation.
Highlighting the importance of the court’s ruling, Hilary stated, “This decision is significant because the court allowed a retaliation case to proceed based on Mr. Ho’s allegation that he engaged in protected activity and then failed to get a promotion for a job the agency needed to fill for which he was qualified for.” She added, “It makes the threshold for those alleging employment retaliation just a little easier to pass. In the employment context, every lowered hurdle, no matter how small, matters.”
Hilary is the Vice Chair of HWG’s Legal Ethics and Malpractice Group. She represents lawyers and law firms in disciplinary investigations, prosecutions, and malpractice matters, and represents plaintiffs and defendants in civil and criminal litigation. Hilary is Vice Chair of the D.C. Rules Committee, teaches legal ethics at the Georgetown University Law Center, and serves on Law360′s Legal Ethics Editorial Advisory Board.
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