Federal employment is a career path many Americans aspire to, offering stability and the chance to serve the public. However, even in the federal government, employees can face unlawful workplace discrimination. If you are a federal employee and believe you are experiencing discrimination, it is essential to understand your rights and the steps you can take to protect your career.
What Constitutes Federal Workplace Discrimination?
Federal employees are protected from discrimination by various laws, including Title VII of the Civil Rights Act of 1964, the Rehabilitation Act, and the Age Discrimination in Employment Act (ADEA). These laws protect against discrimination based on race, color, religion, national origin, sex (including sexual harassment and gender identity), disability, and age.
Discrimination can manifest in many forms, both subtle and overt. It can involve adverse employment actions, such as termination, demotion, or a denial of promotion. It can also include harassment that creates a hostile work environment.
Common Signs of Discrimination
Identifying discrimination can be challenging, as it is often disguised as a legitimate management decision. However, there are common signs that may indicate you are being treated unfairly based on a protected characteristic:
Unequal Treatment: You are held to a different standard than your coworkers. For example, you may be denied training opportunities or flexible work arrangements that are readily available to others.
Hostile Work Environment: You are subjected to offensive jokes, slurs, or demeaning comments about your race, gender, religion, or other protected characteristic. This behavior can create an intimidating and uncomfortable atmosphere.
Retaliation: After reporting what you believe to be discrimination or harassment, you face negative consequences. This could include a poor performance review, a reassignment to less desirable duties, or a sudden change in your work schedule. Retaliation is a serious violation of federal law.
Disproportionate Disciplinary Actions: You receive a harsher punishment for a policy violation than a colleague who committed a similar offense. This disparity can be a strong indicator of discrimination.
Taking Action: Your Options as a Federal Employee
If you believe you are a victim of discrimination, it is crucial to act promptly and strategically. Federal employment law has specific and often strict deadlines that must be followed.
Document Everything: Maintain a detailed record of all discriminatory incidents. Note dates, times, locations, and the names of all individuals involved. Keep copies of all relevant documents, such as emails, performance reviews, and official notices.
Contact an EEO Counselor: Before filing a formal complaint, federal employees must contact an Equal Employment Opportunity (EEO) counselor within 45 days of the discriminatory act. This is a critical step in the EEO complaint process and failure to do so can result in the loss of your claim.
File a Formal Complaint: If counseling does not resolve the issue, you can file a formal EEO complaint with your agency. This initiates an official investigation into your claim.
Consider Other Avenues: Depending on the specifics of your case, you may have other options, such as filing an appeal with the Merit Systems Protection Board (MSPB) for adverse actions like a suspension of more than 14 days or a demotion. If your case involves whistleblower retaliation, you might pursue a complaint with the Office of Special Counsel (OSC).
Washington, D.C. Federal Employment Attorneys
Facing discrimination can be an isolating experience, but you do not have to navigate it alone. Seeking professional legal guidance can make a significant difference in the outcome of your case. An experienced federal employment law firm can help you understand your rights, build a strong case, and represent you throughout the process.
At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we understand the unique challenges federal employees face. With over 30 years of award-winning experience, our team is dedicated to protecting your rights and your career. If you believe you are a victim of discrimination or are dealing with any other federal employment law matter, please do not hesitate to ask for help.
Contact us today at (202) 350-3881.