Equal Employment Opportunity (EEO) claims are serious steps toward seeking justice for workplace discrimination, harassment, or retaliation among federal employees.
However, the EEO complaints process can be complex and present potential difficulties.
Avoiding Equal Employment Opportunity Commission (EEOC) position statement mistakes and being realistic about your chances of winning an EEOC case are just a few mistakes federal employees often make.
It’s smart to know how to avoid common errors to enhance your chances of winning an EEOC case.
What Ten Common Mistakes Do Employees Make When Filling EEO Complaints?
1. Filing a Complaint on Your Own
Navigating the EEO complaint process requires experience. Going at it alone might save you money in the short term but could cost you more in the long run, especially if the EEOC dismisses your case.
The Federal Employment Law Firm of Aaron D. Wersing PLLC can help you understand your rights, avoid errors, and build a stronger case. We’ve handled numerous EEO complaints and can provide invaluable guidance from the outset.
2. Failing to Understand the EEO Complaint Process
The EEO complaint process involves several steps, including informal counseling, formal complaints, investigations, and possibly hearings. Failing to understand these stages can lead to critical mistakes, such as not participating fully in the informal counseling stage or misunderstanding the deadlines for filing at each step.
3. Failing to Act Quickly
Federal employees have 45 days from the date of the discriminatory event to contact an EEO counselor. The EEO Counselor will give you the choice of participating either in EEO counseling or an alternative dispute resolution (ADR) program.
Upon receiving notice from your EEO counselor, you have 15 days to file a formal complaint against the agency if you cannot resolve the dispute during counseling or ADR.
Moreover, if you plan to request a hearing, you must make your request within 30 days from the day you receive notice about your hearing rights. Finally, if you plan to appeal the agency’s final order, you must file your appeal no later than 30 days after you receive it.
4. Lack of Specificity in EEO Complaints
Complainants must provide dates, names, and incidents related to the alleged discrimination. The EEOC is less likely to take vague complaints seriously, so it may not survive the initial review process. To avoid this mistake, ensure your complaint clearly outlines who did what, when, where, and how it affected you.
5. Making Inappropriate Statements in the Position Statement
One common EEOC position statement mistake is incorporating irrelevant or inflammatory statements. Statements that are overly emotional, accusatory, or lack supporting evidence can hurt your credibility. Focus on providing factual, concise, relevant information that directly supports your claim.
6. Overlooking Retaliation Risks
Filing an EEO complaint can result in employer retaliation by the employer, despite its illegality. Ignoring this possibility or not documenting retaliatory actions can weaken your case. If you face retaliation, document it thoroughly and consider amending your complaint to include these new claims.
7. Failing to Preserve Evidence
Failing to preserve emails, text messages, documents, or witness statements that support your claim can severely impact your case. The moment you suspect discrimination, gather and store all relevant evidence. This documentation will be vital as you move through the various stages of the EEO complaint process.
8. Not Preparing for the Hearing
Often, federal employees underestimate the importance of thorough preparation, such as understanding legal procedures, gathering witnesses, and organizing evidence. If you reach the hearing stage, treat it with the seriousness it deserves and prepare meticulously.
9. Misjudging the Chances of Winning an EEOC Case
EEO cases are challenging and often require substantial evidence and persistence. Understanding the potential hurdles will allow you to manage expectations more effectively and develop a realistic strategy.
10. Not Knowing When to File a Lawsuit Instead
You must go through the administrative complaint process before filing a lawsuit. However, you can quit the process and file a lawsuit in court at several specific points. A skilled attorney can help you make this determination.
Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC Today
Facing an EEO complaint on your own can be risky. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, an AVVO Clients’ Choice Award winner, we specialize in federal employee law, including EEO cases.
We can help you understand your rights, avoid common mistakes, and strengthen your case for the best possible outcome. Don’t leave your EEO case to chance—contact us today and get the experienced representation you need.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
Rate this Post
Loading...