Profile
Mary Dryovage is an Administrative Law Judge for the California Occupational Health & Safety Appeals Board.
About Mary Dryovage
Admitted: 1984, California
Professional Webpage: mdryovage.com
Honors and Awards:
- America's Leading Lawyers, 1991
- National Life Registry of Who’s Who, 2006
Bar/Professional Activity:
- American Bar Association, 1976
Scholarly Lectures and Writings:
-
, Author, "Should the Steelworkers Trilogy be Abandoned in Arbitrations of Federal Sector Disputes" , Labor and Employment Law News, 1985
- Discussion of the Rehabilitation Act regulations and the extent to which the federal regulations require reassignment for qualified disabled individuals., Author, "Accommodation of Handicapping Conditions: Is Reassignment Reasonable?" , Federal Merit Systems Reporter, 1986
- Book review of legal resources for ADA litigation., Author, "Compliance and Litigation Resources for Implementing the Americans with Disabilities Act of 1990, Berkeley Journal of Employment and Labor Law, Vol. 14, No. 2,, Employment Lawyers, 1993
- Practical pointers for making sure your law firm is in compliance with the American's With Disability Act, to provide reasonable accommodations for clients and collegues., Author, "Your Office and the ADA", ATLA Trial Magazine, 1994
- Co-Author, Mary Dryovage, Kathleen Piscitelli and Edward Still , “Job Rights of Employees Who Serve in the Military” , ATLA Employment Rights Section Newsletter, 2006
Verdicts and Settlements:
- Tolliver v. DeNiro, [race discrimination] 790 F.2d 1394, 40 FEP Cases 1647 (9th Cir. 1986) VA fired African-American Nursing Assistant without legitimate justification; reversed and remanded. Attorneys fees can be awarded in "mixed case" appeal from MSPB., 1986
- AFGE Local 51, et al., v. Secretary of Treasury, 40 FEP Cases 394, 40 EPD 3681 [failure to accommodate - preliminary injunction], 677 F.Supp. 636 (N.D. Cal 1987) [compliance], 1992 U.S. Dist. LEXIS 990 (N.D. Cal 1992) [final order] 936 F.2nd 576 (9th Cir. 1991), Upheld decision against U.S. Mint re: permanent injunction from firing disabled Coin Checkers for performance-based reasons. Congress cited this case regarding expansion of definition of "reasonable accommodation" to include reassignment to vacant positions in Legislative History of the Americans With Disabilities Act., 1986
- Adam et al v. Norton, No. C-98-2094 CW (age discrimination) USGS fired senior scientists based on their age. District Court found ADEA was violated for two Geologists. Cross-appeals filed and decision was upheld. No. 04-17365, 492 F.3d 1084 (9th Cir. 2007). DOJ's challenge to the award of pre and post judgement interest was reversed. No. 09-17091 ___ F 3d ___ (9th Cir. 2011). Petition for reconsideration pending on whether the government waived soveriegn immunity on Back Pay Act interest claims., 1995
- Coons v. Secretary of the Treasury, 383 F.3d 879 (9th Cir.2004) [whistleblower and disability discrimination] Chief of IRS Northern California Collections Division blew the whistle on being required to do favors for politically connected people. Reversed and remanded summary judgment. Case remanded to MSPB. Remanded for decision on merits regarding IRS retaliation and prohibited personnel practices and MSPB failure to properly adjudicate case. MSPB Chief Ad Judge Amy Dunning expected to rule this summer., Author, Book Review of Raymond F. Gregory, Unwelcome and Unlawful: Sexual Harassment in the American Workplace”, ATLA Trial Magazine, 1996
- AFGE Local 1 and Gavello v. Stone, Department of Homeland Security, [Constitutional Rights - freedom of association - remanded for trial] 502 F.3d 1027 (9th Cir 2007). Case settled. Homeland Security Act found to be violating international human rights laws. Airport Screeners were given due process rights, permitted to join a union and bargain collectively.
, 2007
Educational Background:
- BA University of Michigan, LS&A (History)
- JD Wayne State Law School, Detroit MI