Email to a friend

Albany Attorney Takes on the Federal Government and Wins Again

Albany Attorney Takes on the Federal Government and Wins Again

July 11, 2008 – Albany, NY – A landmark decision against the United States Department of State and the United States Office of Personnel Management was recently won. Well-known area attorney Mathew B. Tully argued the case on behalf of his client, a case that took on the age discrimination issue in the military. The decision in the case is a victory for veteran’s rights across the country.

Robert P. Isabella, a preference-eligible veteran, applied for the excepted service position of Diplomatic Security Service (DSS) Special Agent when he was 36 years old. The vacancy announcement stated that candidates must be appointed prior to their 37th birthday. Several months later, the agency eliminated Isabella from the selection process because of the fact he would soon reach the cut-off age.

Federal law provides that a federal agency is required to waive the maximum age limit for a position with respect to the hiring of a preference-eligible veteran unless the agency can establish that the age limit rule is essential to the position’s duties. This age limit was not a deciding factor for Isabella’s application. He challenged the actions of the State Department based on the Veterans Employment Opportunities Act and the Uniformed Services Employment and Reemployment Rights Act (USERRA) and won.

“This is a huge win for veterans and their employment rights. I expect thousands and maybe tens of thousands of veterans who would otherwise be ineligible for many positions to get jobs without regard to their age,“ said Tully. “This ruling just eliminated a method of discrimination against members of the military who took years out of their lives to fight for our country.”

Tully has helped clients win numerous cases against the federal government on account of their military service. He has appeared before the United States Senate and House of Representatives to testify on how to improve laws that protect members of the military. He is also a member of the New York Army National Guard and is a veteran of the war in Iraq.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Foreign Adoptions: A How-To Guide

    Each year, thousands of American families seek to adopt children from foreign countries to give them a new life on our shores. However, given the uncertainties surrounding immigration laws today, some prospective parents are concerned about whether foreign adoptions will …

  • Certification matters for disabled vets

    For Anthony Kuhn, a Buffalo-based partner at Tully Rinckey PLLC, helping disabled veteran business owners is a way to give back. After all, he can relate. “I’m a disabled combat veteran,” Kuhn said, adding that he’s been in the Army for …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

Read All