Under federal law, the Equal Employment Opportunity Commission protects your right to equal employment with fair treatment regarding your race, national origin, color, gender, age, sex, disability status, family status, or genetic information. Ideally, federal employees would represent the tenets of this federal law, perfectly operating without discrimination or bias in the workplace.
No office is perfect. Preconceived notions, favoritism, and abuse of power can undermine leadership and professionalism, potentially violating EEOC protections.
When there is a violation, you can file a complaint with the EEOC. The EEOC handles complaints from federal employees and job applicants who allege discrimination.
If you are a federal employee who has been targeted (or witnessed) an EEOC violation in the workplace, federal EEOC attorney Justin Schnitzer is here to help. Call our team at (202) 964-4878 today for your free consultation. At The Law Offices of Justin Schnitzer, we have a history of helping federal employees with EEOC claims.
It is important to take action as quickly as possible.
Federal employees are held to unique employment law requirements, especially when they must embark on the federal EEOC complaint process. This is where a federal EEOC attorney can become an invaluable partner for securing justice.
Do I Need a Lawyer to File a Job Discrimination Complaint with the EEOC?
You can file a complaint with the EEOC by yourself, and you do not need an attorney. However, there is a significant advantage to having a legal professional on your side. A federal EEOC attorney can ensure that your complaint is thorough and well-documented, increasing the chances of a successful outcome.
A qualified federal EEOC attorney will have extensive knowledge and experience with the federal EEOC process, including deadlines, evidence requirements, and legal strategies.
When looking for a federal EEOC attorney, make sure to choose one with proven success in handling similar cases. Ask for references and read reviews from previous clients.
We believe in putting the power back in the hands of federal employees. We never want you to feel helpless or alone when facing an EEOC violation, and we don’t believe in pressuring you to take legal action. That is why we offer a free consultation for federal employees who believe they have experienced discrimination in the workplace.
Do you have questions about the federal EEOC process, or are you ready to take the next step in seeking justice? Contact us today at (202) 964-4878 and let our team at The Law Offices of Justin Schnitzer help you navigate this complex and important legal process.
We Serve Federal Employees Nationwide
If you are a federal employee and your rights are being violated, we want to help you.
or, give us a ring at (202) 964-4878.
Federal Employment Law and the EEOC
Federal employees know that they are held to slightly different employment laws compared to everyone else. Federal employment is far more structured, with many rules that both employers and employees must adhere to. However, the protections of the EEOC are universal. Classes protected in the private sector are just as important in the public sector. Workplace respect, disability accommodation, and discrimination-free conduct are still required by law for all employers and for professionals amongst each other.
While federal employment law may vary from private sector employment law, you still have your rights to be treated fairly and without hostility, especially regarding the EEOC-protected classes. However, it is more challenging for federal employees to take action, as you must navigate the EEOC complaint process in a very specific way.
Identifying Discrimination in a Federal Workplace
Federal offices are as subject to flaws and discrimination as anywhere else. People bring their prejudices, assumptions, and preconceived notions that the EEOC seeks to prevent. When these problems interfere with someone’s decision-making, it can result in denial of equal opportunities.
Examples of EEOC Violations
- A manager only promotes people who look like they do, or never promotes someone of a particular background or ethnicity
- Important projects are only given to men, or to people younger than 40, even if there is an excuse like “having more energy” to drive the decision
- A woman is denied a promotion because she might or has recently become pregnant
- An employee is not considered for a company trip because of assumptions made about their partner and love life
- Colleagues make insulting remarks about a person’s religion or sexuality. The manager is aware of this harassment and chooses not to take action.
- A disabled employee is denied access to a unique chair or desk setup that would enable them to better perform their job
- A manager specifically arranges group activities that exclude someone with a known disability
- All catered lunches include an ingredient (like pork) that excludes religious members of the team, after being alerted this is a problem
- Projects are only assigned to parents because they are “responsible” Or are only assigned to non-parents because they “have more time”
- A manager will not stop patting female employees on the back or giving shoulder rubs when asked to stop.
- A manager denies an employee opportunity because of assumptions made about them due to their ethnicity, religion, or sexuality.
- A manager consistently asks new hires about protected personal questions during the interview process
- A colleague routinely harasses people of a certain cultural background about features or lifestyle details associated with their culture.
Discrimination comes in many shapes and forms. You may be the subject of discrimination or harassment in the workplace, or you may be a key witness for a fellow federal employee who is afraid to speak up for themselves. In either case, consulting with a federal EEOC attorney can help you get on the right track to stopping discrimination by aptly navigating the proper channels for a complaint, investigation, and favorable ruling.
The Federal EEOC Complaint Process
One of the hurdles that must be overcome is meeting the reporting deadline for an EEOC complaint, then following the correct procedure for the EEOC violation to be acknowledged and acted upon. An investigation will be held, evidence will be gathered, and there will eventually be a hearing before an administrative judge. A federal employment lawyer can help you not only navigate this maze of procedure, but also defend your case when the time comes for discovery and defense of any counterarguments the accused or organization might have.
Below is a concise step-by-step guide to navigating the federal EEOC complaint process:
1. Reach Out to Your EEO or ORM Counselor in 45 Days
Within 45 days of the EEOC violation, you must reach out to your EEO counselor. They will help you understand the full scope of your complaint and the timeline you can expect when it comes to submitting your complaint, and authorities can issue a mandate on what to do.
2. Choose Counseling or ADR (Alternative Ways to Resolve Disputes)
You are advised to see a counselor, in part, because sometimes complaints can be resolved through human channels, including counseling and ADR, or Alternative Dispute Resolution. However, if a true injustice has been committed, it is not advised to resolve the issue without taking legal action against the person who is displaying discriminatory actions or, worse, discriminating management decisions that disadvantage certain people.
3. Decide to File with the EEO or MSPB
If counseling and ADR are not accepted, your counselor or federal EEOC attorney will help you determine where to send your complaint. You can submit the complaint to the EEOC or to the MSPB. The Merit System Protection Board offers an alternative process that might be more favorable depending on your circumstances. However, we will focus primarily on the EEOC process.
4. Submit Your Written Notice to File a Formal Complaint
Once you’ve made your decision, your EEO counselor will provide you with a Written Notice to File a Formal Complaint. This form comes with a timer. You must complete it and have the form submitted by mail within 15 days of receiving it from your counselor.
The Notice must include:
- Contact information for you or your federal EEOC attorney
- Contact information for the person the claim is against
- Signed statement describing the events, including dates
5. Wait for the Complaint Investigation
Once your formal complaint is submitted, the EEOC will determine whether to conduct an investigation. If they choose to investigate, you will need to wait through the investigation process. EEOC representatives will interview individuals and collect evidence to determine if discrimination, harassment, or retaliation has taken place.
6. Request a Hearing After Investigation
When the investigation is complete, some cases can be concluded immediately, while in others the federal employee will need to request a hearing under an administrative judge. Discovery will take place and the judge will review all evidence in order to make a ruling on whether discrimination took place.
7. A Final Decision is Made by Your Agency
Contrary to popular belief, the EEOC does not make the final ruling. After all information is gathered and, in some cases, after the judge’s ruling, your agency has the final say in whether discrimination took place and what to do about it.
Your agency may use the judge’s recommended remedy or a course of its own to resolve the discriminatory actions. If the agency decides against you, as the person who filed the complaint, you have the right to appeal their decision to the Office of Federal Operations (OFO).
8. Appeal to the EEOC
Your last recourse, if the ruling is unfavorable, is to appeal to the Office of Federal Operations at the EEOC. You have 30 days from the ruling to submit your appeal. During the appeal process, the entire complaint, investigation, and evidence will be reviewed. If the OFO determines that there was discrimination, they can take action separately from your agency’s decision. A federal EEOC attorney can help you ensure your case is strongly presented during an appeal.
Know Your Whistleblower Protections
The EEOC for federal employees also protects whistle-blowers who file the initial complaint and those who act as witnesses. Your agency is not allowed to retaliate in any way as a result of the complaint being filed, the investigation, the hearing, or the final ruling. If you suspect or are the target of retaliation after an EEOC complaint is filed, you don’t have to defend on your own. Your federal EEOC attorney will help defend your rights and ensure that any retaliatory actions are met with the full force of the law.
Do You Need to Hire a Federal EEOC Attorney “Near Me”?
You don’t have to choose a federal EEOC attorney “near me” if you’re dealing with work problems. Just find the best lawyer with experience in cases like yours, even if they’re not nearby.
You’re free to work with the top federal EEOC attorneys, no matter where they’re based. Be sure to look at their track record, client reviews, and success rate before making a decision.
For legal representation in a federal EEOC case, choose The Law Office of Justin Schnitzer. With extensive experience in discrimination cases, our committed team fights for clients’ rights. Contact us at (202) 964-4878 for a consultation. Distance shouldn’t restrict your options for the best EEOC attorney.
Are You In Need of a Federal EEOC Attorney? Book Your Free Consultation
At The Law Office of Justin Schnitzer, we know that discrimination of any type is intolerable in the workplace. Federal offices should be exemplary in upholding federal labor laws, not exceptions to those laws. The federal employment lawyers at The Law Office of Justin Schnitzer are dedicated to providing personalized, high-quality legal representation to federal employees nationwide. Contact us today or call 202-964-4878 to schedule your free consultation and learn more about how we can help you achieve your legal goals.
