Federal EEOC Lawyers

What Qualifies As An EEOC Complaint?

When a Federal employee or job applicant experiences workplace discrimination or harassment that breaches federal laws, they may file an EEOC complaint. This can include the following discrimination, harassment, or denial of a reasonable employment accommodation based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, our team of Federal EEOC attorneys knows the nuances of these issues and is dedicated to preserving your rights.

Whether you're facing discrimination or have been wrongfully terminated, our Federal employment law lawyers are here to guide you through the process of filing a complaint with the EEOC. It's crucial to act swiftly as there are strict time limits for filing an EEOC charge. With the expertise of our attorneys , you can ensure that your case is handled proficiently, aiming for a resolution that upholds your employment rights and dignity.

How Serious Is A Federal EEOC Complaint?

An equal employment opportunity complaint is a serious matter. If an individual files a complaint with the EEOC, the agency will conduct an investigation to determine if there is sufficient evidence to support the claim.

If the EEOC finds that discrimination did occur, it may take legal action against the employer, such as:

• This could result in fines, penalties, and/or a court order for the employer to take specific actions to remedy the discrimination.
• Additionally, a discrimination finding by the EEOC could also lead to negative publicity for the employer, which could harm its reputation and make it more difficult to attract and retain employees.
• Furthermore, if the discrimination is severe, the EEOC can bring a suit in federal court on behalf of the employee.

In some cases, the EEOC may also offer mediation as a means of resolving the complaint.

What Does the EEOC Consider Discrimination?

The EEOC is charged with interpreting and representing the law and all of its various regulations. If the Supreme Court wants to make a change to anti-discrimination laws regarding the workplace, the EEOC will generally interpret its ruling so it is easily understood by employees and employers. For the most part, the EEOC is concerned with discrimination and its many forms.

If any of the decisions are made purely on a protected class, the EEOC may consider it discrimination:

• Hiring or not hiring
• Firing
• Denied promotions
• Wage cuts
• Harassment or abuse

Need guidance with a federal EEOC complaint? Call (202) 350-3881 for a consultation with our federal discrimination lawyers.

Federal Equal Employment Opportunity Complaint Process

If you feel as though you have been the victim of these selective hiring practices at a federal agency, it is strongly advised you file an EEO complaint. How? Let’s look at the process.

1. Speak with a counselor

The first step in the EEOC process is to speak with an EEO counselor at the agency where you work or applied to work. The counselor will then give you the choice of participating in counseling or some form of alternative resolution, like mediation. You must speak with the counselor within 45 days of the discrimination action.

2. File a formal complaint

If the counselor cannot solve your issue, you can file a formal complaint. The agency will review the complaint and determine whether to sustain or dismiss it for a procedural reason (such as filing too late). If the agency accepts your complaint, they must complete an investigation within 180 days.

From there, you can either ask the agency to issue a decision or request a hearing before an EEOC Administrative judge. If you ask for a decision and the investigation determines no discrimination occurred, then you may appeal the decision or challenge it in court.

3. Request a hearing

If you request a hearing, an EEOC Administrative Judge will hear the case and issue a decision. If they believe discrimination occurred, they will order relief. Once the agency receives the decision, they have 40 days to issue an order which either accepts the decision or denies it, called the agency’s Final Action. If your complaint is denied, you will have the right to file both an appeal and a civil action.

4. File an appeal

You must file this appeal within 30 days of your receiving the final order. If you file an appeal, attorneys will review the entire case, including the agency’s investigation and the judge’s decision, and make a decision. If the agency disagrees with any part of the Administrative Judge’s decision, it will file one of these appeals as well.

5. Request reconsideration

If you are once again denied, you may ask for reconsideration, which will only be granted if you can show the decision was made with an error in the facts of the case or how the law was applied to it. It’s strongly advised that you have a lawyer review your case before making the decision to pursue this.

The agency also has the right to appeal to the EEOC to reconsider the decision if they disagree with it. Once the reconsideration request is made, the decision becomes final.

6. File a lawsuit

It is possible to drop the complaint process and file a lawsuit in court during the complaint process. You can do this when the agency you filed the complaint with does not issue a decision within 180 days, within 90 days of your receipt of the agency’s decision regarding your complaint, or if the EEOC does not issue a decision regarding your appeal within 180 days.

How to Win a Federal EEOC Complaint

Filing an EEOC complaint against your federal employer can be an intimidating prospect.

Here are some tips from our experienced EEOC attorneys to help you put your best foot forward:

• Hire a federal employment lawyer - While you can file an EEOC complaint on your own, you can increase your chance of success by working with an attorney. An EEOC lawyer will know how to best submit the details of your case so that it will be compelling. They can also guide you through all deadlines and procedures.
• Include Compelling Evidence - To win an EEOC complaint you must submit evidence that supports your claim. This evidence might be emails, witness statements from coworkers, video or photographic evidence, or disciplinary records. Your attorney can review the evidence you have collected and determine what would best help your case.
• Maintain a Calm, Professional Attitude - Filing an EEOC complaint is certainly unnerving, but keeping your composure, especially during mediation or a hearing, can help positively influence the outcome of your case.

Following these steps is no guarantee that you will win your EEOC complaint, however, it will give your case the best chance of success. Have further questions about federal EEOC complaints? Contact [Site:BusinessName} to speak with an experienced member of our team.

What is the Timeline of a Federal Discrimination Lawsuit?

Federal employees who have suffered from wrongful treatment, including unlawful termination, harassment, or other adverse personnel actions due to their race, color, sex, national origin, religion, age, disability, or prior EEO activity have a right to file a federal EEOC complaint at their agency and seek back pay, damages, and/or other remedies.

• Federal employees who believe they have been discriminated against in employment by their federal agency employers must file an informal EEO complaint with the EEO office of their employing federal agency, and not directly to the EEOC, within 45 calendar days of when they knew or should have known they were discriminated against or within 45 calendar days of the effective date of any concrete personnel action by their employing agency, which they believe to have been motivated by unlawful intentional discrimination against them.
• Their agency will then provide them EEO counseling during the 30-day informal EEO complaint process, unless the employee and the agency agree to process the informal EEO complaint via the agency’s Alternative Dispute Resolution (ADR) mediation program, which will extend the counseling period for an additional 60 days.
• If the complaint is settled in the informal stage, a written settlement agreement contract will be entered into and signed by the parties. If the informal EEO complaint is not settled, the employee will be given a Notice of Right to File a Formal EEO complaint, which they must do within 15 calendar days of receiving that notice.
• Once a formal EEO complaint is filed, the employing agency has 180 calendar days to investigate the complaint and gather affidavits from all parties concerned, as well as relevant evidence, all of which is included in the Agency’s Report of Investigation. The applicant/employee/complainant then has 30 calendar days to request a hearing before an administrative judge of the EEOC.
• The EEOC hearing process is supposed to be completed within 180 days, but often takes up to two years. Whichever party loses can file a written appeal to the EEOC’s Office of Federal Operations (OFO). OFO’s appellate decision is generally the EEOC’s final decision absent a rarely granted written Request for Reconsideration.
• Complainants may alternatively opt out of the administrative EEO complaint process within 90 days of receiving a final EEOC decision or after the formal EEO complaint is pending for 180 calendar days, and file a civil action in the United States District Court (USDC) with jurisdiction over the location in which the discrimination occurred.
• Court Civil Actions then proceed through the USDC process and then can be appealed to the United States Court of Appeals for the Judicial Circuit having jurisdiction over the place where the discrimination occurred, and occasionally to the Supreme Court of the United States (SCOTUS).

Can You Look Up EEOC Complaints?

If you’ve filed a federal employment discrimination case with the EEOC, you may be interested in checking the status of your complaint. The EEOC allows anyone who has made a complaint or is the subject of a complaint to check its progress. You can look up an EEOC complaint in the online portal or call toll-free at 1-800-669-4000 if you do not have internet access. Only authorized individuals can look up the status of an EEOC complaint in order to protect the privacy of both parties involved.

Stand Up for Your Rights With Help From Our Federal Discrimination Lawyers

Every case is unique and requires a tailored approach. The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, can provide hands-on guidance to help you seek justice and accountability for your Agency’s unjust treatment. Turn to a team of federal EEOC attorneys who care about fighting for a fair and progressive outcome.