Kalijarvi, Chuzi, Newman & Fitch, P.C.

06/18/2026

We're looking forward to the National Employment Lawyers Association's 2026 Annual Convention in New Orleans, where KCNF attorney Samantha Sloane will moderate a breakout session on using implicit bias evidence in discrimination and harassment cases.

The session, “Breaking Through with Implicit Bias Evidence,” will explore how plaintiffs' employment lawyers can effectively incorporate implicit bias research into their litigation strategies and overcome some of the challenges of presenting this evidence in court.

NELA's Annual Convention is always a great opportunity to learn, connect with colleagues from across the country, and share ideas about advancing workers' rights. We look forward to seeing everyone there.

https://www.nela.org/programs-events/convention/program/

06/09/2026

KCNF attorney Briana Imran successfully obtained sanctions against a federal agency in a discrimination matter after an EEOC Administrative Judge found that the Agency failed to comply with multiple core requirements of the federal sector EEO process.

The Administrative Judge determined that the Agency failed to complete its investigation within the required regulatory deadlines, delayed providing the Report of Investigation (ROI) for more than a year, and produced multiple fragmented and incomplete investigative files. The Judge also found that the Agency omitted key witness affidavits and other relevant evidence from the ROI, including information that corroborated the Complainant’s allegations.

The ruling also noted that the Agency failed to timely notify the Complainant of his right to request a hearing and the extensive delay prejudiced the Complainant’s ability to obtain testimony, in part because several identified management officials retired during the delay period.

In the decision, the Administrative Judge rejected the Agency’s explanation that problems with its outside investigator caused the delays, emphasizing that agencies remain responsible for their contractors and must ensure compliance with EEOC procedures and deadlines.

As a result of these failures, the Administrative Judge imposed significant sanctions limiting the Agency’s ability to rely on the investigative record during litigation. Among other restrictions, the Agency was barred from using affidavits and exhibits in the ROI to support a Motion for Summary Judgment and prohibited from using discovery to recreate ROI evidence on the original claims — including obtaining new affidavits from witnesses or gathering documents omitted from the ROI.

The ruling underscores the importance of thorough and timely investigations in the federal sector EEO process and demonstrates the remedies available when agencies fail to meet these obligations.

06/04/2026

The SF-86, the questionnaire used to conduct security clearance background investigations, can create problems for applicants long before an adjudicator reviews the form.

In the latest episode of Security Clearance Insecurity on Federal News Network, KCNF partner Elisabeth Baker-Pham and Lindy Kyzer of ClearanceJobs discuss practical strategies for completing the SF-86, including why it's important to verify information, avoid vague responses, and use the form's comment sections to provide meaningful context.

“It's so important to take the time on the front end because it will save you so much time and heartache on the back end.”

Listen to the episode: https://kcnfdc.com/blog/tips-for-completing-the-sf-86-practical-guidance-on-security-clearance-applications/

Follow the show on Spotify: https://open.spotify.com/show/0mhm1UsZWKs7AkGMR926pH

Follow the show on Apple Podcasts: https://podcasts.apple.com/us/podcast/security-clearance-insecurity/id1781744194

05/22/2026

KCNF Counsel Keir Bickerstaffe was quoted in a WIRED article examining major changes within the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), including the appointment of Kenneth Wolfe, the director of DOL's faith center, to lead the office amid its restructuring and proposed elimination.

Keir discussed OFCCP's longstanding role in civil rights enforcement, noting that the office had jurisdiction over "roughly 20 to 25 percent of the American workforce” through its oversight of federal contractors. He also emphasized the agency's historic enforcement authority, explaining that "The OFCCP could get settlements on behalf of an entire class of people, it could seek changes to company policies and practices to eliminate discrimination."

OFCCP has reportedly lost a substantial number of employees through resignations and reductions in force following executive orders aimed at ending DEI initiatives within the federal government and among federal contractors. The Administration also revoked Executive Order 11246, which significantly scaled back OFCCP's ability to investigate and remedy workplace discrimination. The Department of Labor’s proposed 2027 budget cites these policy changes as the basis for eliminating OFCCP and transferring its remaining responsibilities to a newly created Office of Civil Rights, led by Wolfe.

Commenting on Wolfe's apparent lack of legal and civil rights enforcement experience, Keir stated: “I believe every prior OFCCP director, certainly the ones I worked under, had a legal background and specifically at least some sort of background in civil rights law.”

Read the full article from WIRED here:

Kenneth Wolfe organized the Department of Labor’s controversial prayer services before he was quietly appointed to lead a major agency office.

05/21/2026

It was wonderful to see so many members of the legal community gathered at the Women’s Bar Association of the District of Columbia and Women's Bar Association Foundation Annual Dinner last week at the National Building Museum.

The program highlighted leadership, advocacy, and the ongoing work to advance women in the profession, including the presentation of the 2026 Woman Lawyer of the Year Award to Skye Perryman, President & CEO of Democracy Forward. We also appreciated the keynote remarks from Vanessa Bousardo, whose efforts to promote gender equality and support women lawyers continue to shape the profession internationally.

Pictured: KCNF attorneys Mary K***z, Samantha Sloane, and Briana Odom Imran.

05/20/2026

Mary K***z writes in a new Federal News Network opinion piece that rebuilding the federal workforce fundamentally requires trust in the system.

The article examines how recent changes to hiring procedures, Schedule Policy/Career, and proposed reductions in independent review may affect confidence in the federal civil service system and the government’s ability to attract and retain experienced professionals.

Read the full article: https://federalnewsnetwork.com/commentary/2026/05/you-cant-recruit-talent-into-a-system-people-dont-trust/

05/18/2026

Buy now, pay later options may feel low-risk, but they can raise red flags in the security clearance process.

In the latest episode of Security Clearance Insecurity on Federal News Network, KCNF partner Elisabeth Baker-Pham and Lindy Kyzer of ClearanceJobs discuss how these increasingly popular payment tools can contribute to concerns about financial responsibility when viewed in the aggregate.

“Multiple buy now, pay later commitments can stack up, and the cumulative picture can look like financial disorganization, even when no single purchase seems that significant.”

Listen to the episode: https://kcnfdc.com/blog/buy-now-pay-later-commitments-and-security-clearance-risks/

Follow the show on Spotify: https://open.spotify.com/show/0mhm1UsZWKs7AkGMR926pH

Follow the show on Apple Podcasts: https://podcasts.apple.com/us/podcast/security-clearance-insecurity/id1781744194

05/14/2026

Understanding the guidelines for medical documentation is critical when requesting workplace accommodations.

KCNF's Elaine Fitch outlines what employees should include to support accommodation requests under the ADA/Rehabilitation Act and the Pregnant Workers Fairness Act.

From clearly identifying the condition to connecting it to job duties and recommending specific accommodations, the details matter.

Read more: https://kcnfdc.com/blog/getting-it-right-knowing-the-medical-documentation-you-need-for-reasonable-accommodations/

05/07/2026

Pregnancy protections in the workplace have evolved significantly, but many employees are still unclear about their rights.

In his new blog, KCNF's Hector Ruiz breaks down how the Pregnant Workers Fairness Act (PWFA) builds on earlier laws like the Pregnancy Discrimination Act and the ADA, and what that means for employees seeking accommodations.

The key takeaway: workers no longer need to meet the strict definition of a disability to receive protections. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Read the blog here: https://kcnfdc.com/blog/the-pregnant-workers-fairness-act-and-its-important-protections/

04/27/2026

Great to be back at the Women Owned Law Symposium last week. It’s always an energizing opportunity to connect, share ideas, and learn alongside such an impressive group of women in the legal community.

Pictured: Karen Wachs, Amy Andersson, Elaine Fitch, and Ivy Slater