Our Attorneys Can Help You Navigate the Federal Sector EEO Complaint Process
The Jeffrey Law Group, PLLC, provides counseling and assistance to federal employees, Postal Service employees, and job applicants through all stages and aspects of the federal sector Equal Employment Opportunity (EEO) Complaint process. See 29 CFR Part 1614. Let the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm® help you through this process.
Contact us today at 202.312.7100 for a free initial telephone consultation. For additional reading material, please see our blog posts regarding Employment Discrimination/ EEOC matters.
Fair Employment Laws
Federal law prohibits the Federal Government and the U.S. Postal Service from discriminating against any individual with respect to one’s compensation, terms, conditions, or privileges of employment, because of one’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), or disability. Federal law also protects federal employees, postal service employees, and job applicants from retaliation if they oppose employment discrimination, file a complaint of discrimination, or participate in the EEO complaint process (even if the complaint is not theirs). Specifically, the laws enforced by the Equal Employment Opportunity Commission (EEOC), as applicable to the federal and postal service workforce, are as follows:
Title VII of the Civil Rights Act of 1964 (Title VII)
Makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.
The Pregnancy Discrimination Act
This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Sections 501 and 505 of the Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.
Federal Sector EEO Complaint Process
The process for filing and prosecuting EEO complaints in the federal sector differs sharply from the private sector. If you are a federal employee or job applicant and you believe that a federal agency or the postal service has discriminated against you, you have a right to file a complaint. The first step is to contact an EEO Counselor at the agency where you work or where you applied for a job. Generally, you must contact the EEO Counselor within 45 days from the day the discrimination occurred. If you do not settle the dispute during counseling, you can file a formal discrimination complaint against the agency with the agency’s EEO Office.
Once you have filed a formal complaint, the agency will review the complaint and decide whether or not the case should be dismissed for a procedural reason. If the agency accepts the complaint, it will conduct an investigation. When the investigation is finished, the agency will issue a notice giving you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether the discrimination occurred.
If you ask the agency to issue a decision and no discrimination is found, or if you disagree with some part of the decision, you can appeal the decision to EEOC or challenge it in federal district court.
If you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found. Once the agency receives the Administrative Judges decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered.
You have the right to appeal an agency’s final order (including a final order dismissing your complaint) to EEOC Office of Federal Operations. EEOC appellate attorneys will review the entire file, including the agency’s investigation, the decision of the Administrative Judge, the transcript of what was said at the hearing (if there was a hearing), and any appeal statements.
You must go through the administrative complaint process before you can file a lawsuit. There are several different points during the process, however, when you will have the opportunity to quit the process and file a lawsuit in court.
Contact the Jeffrey Law Group, PLLC, The Federal Employee’s Law Firm® today at 202.312.7100 for an initial consultation regarding any federal sector employment discrimination or EEOC case that you may be facing. For additional information, please see our blog posts regarding Employment Discrimination/ EEOC matters.