Nov 13, 2025 | By Federal Employment Law Firm | Read Time: 7 minutes | Category Name

MSPB Appeals vs. EEO Complaints: Choosing the Right Path for Federal Employees

Federal employees may have several potential avenues to challenge unlawful or unfair workplace actions. Two of the most common are civil service appeals filed with the Merit Systems Protection Board (MSPB) and EEO complaints made through the Equal Employment Opportunity process. Understanding the scope, timelines, and procedures of each is essential. This guide explains what MSPB appeals cover, how they differ from EEO complaints, how to file either type of action effectively, and when to seek legal representation. What Are MSPB Appeals? Federal employees have the right to challenge certain employment actions before the Merit Systems Protection Board (MSPB), an independent agency that ensures fairness in federal employment, under governing civil service laws. The MSPB only has the legal ability, called jurisdiction, to hear and decide appeals of certain types of agency actions involving certain categories of federal employees. Understanding which types of agency actions can be appealed can help employees better protect their rights and pursue the remedies they deserve. One of the most frequent types of MSPB appeals involves adverse actions. These include removals from federal service, suspensions lasting more than 14 days, demotions, and reductions in pay. Such actions can have a lasting effect on an employee’s career and financial stability. The MSPB plays a critical role in reviewing whether the agency’s decision was justified and whether proper procedures were followed. The MSPB also hears cases involving performance-based actions. These actions typically involve removals or demotions that agencies base on claims of unacceptable performance. For federal employees, appealing to the MSPB can provide an opportunity to challenge whether the agency properly documented performance issues and applied the standards fairly. Another significant category of appeals involves whistleblower retaliation, often filed as Individual Right of Action (IRA) appeals. Before bringing an IRA appeal to the MSPB, employees must first seek relief from the U.S. Office of Special Counsel (OSC). If the OSC does not resolve the matter, it will issue the employee an Individual Right of Action (IRA) letter, allowing the employee to pursue an MSPB appeal, alleging that the agency retaliated against them for engaging in protected whistleblowing activity. These cases are critical for safeguarding the rights of federal employees who speak out against violations of law or policies, misconduct, fraud, waste, or abuse. Beyond adverse and performance-based actions, the MSPB has jurisdiction over other appealable matters. These may include certain reduction-in-force (RIF) actions, furloughs, Office of Personnel Management (OPM) retirement determinations, and specific suitability determinations affecting an employee’s ability to serve in federal positions. The MSPB also has original jurisdiction (meaning over a complaint, rather than over an appeal of an agency action), over a few types of highly specialized matters, including adverse actions taken against administrative law judges (ALJs). Each of these MSPB matters can have unique requirements and procedures, making it essential for employees to understand their options from Day 1. In every MSPB case, the central questions remain the same: “Did the agency have valid legal and factual grounds for its action? And, did agency management comply with the required procedures?” What Are EEO Complaints? An Equal Employment Opportunity (EEO) complaint addresses discrimination, harassment, or retaliation based on protected characteristics (race, color, religion, sex, pregnancy, gender identity, sexual orientation, national origin, age 40+, disability, or genetic information). EEO also covers denial of reasonable accommodation and reprisal for engaging in EEO activity. The EEO process investigates whether unlawful discrimination occurred and provides remedies tailored to civil rights violations. Despite the differences between the two processes, facts grounding an EEO complaint can sometimes overlap with bases for an MSPB appeal. Key Differences Between MSPB Claims and EEO Complaints Issue MSPB Appeals EEO Complaints Jurisdiction Appeal of agency actions (e.g., removals, suspensions 14+ days, demotions, whistleblower reprisal, retirement issues). Allegations of discrimination, harassment, retaliation, or denial of accommodation based on protected status. Eligibility Generally, non-probationary competitive service employees, excepted service employees who have completed 2 years of service, some “hybrid” Title 38 Veterans Administration employees, certain preference-eligible U.S. Postal Service employees with 1 year of service Any federal employee or applicant for federal employment Deadline Generally, the MSPB appeal must be filed within 30 days from the effective date of the action or receipt of the decision, whichever is later. Must make initial contact with an agency EEO Counselor within 45 days of the alleged discriminatory event. If the informal process with the EEO Counselor doesn’t lead to a resolution, must file a formal EEO Complaint within 15 days. Procedure Filed electronically via MSPB’s e-Appeal Online; case proceeds before an MSPB Administrative Judge with discovery, conferences, hearing, and decision. Begins with informal counseling, followed by a formal complaint, investigation, possible EEOC hearing, and final decision. Possible Remedies Reinstatement, back pay, benefits restoration, correction of records, attorney fees (when authorized). Same as MSPB plus compensatory damages for proven discrimination (subject to caps), including emotional distress and other non-pecuniary damages. How to Effectively Pursue an MSPB Appeal Filing EEO Complaints: Core Steps Choosing Between MSPB Claims and EEO Complaints Consideration MSPB Claims EEO Complaints Nature of the Issue Best suited for appealable actions such as removals, suspensions over 14 days, demotions, or reductions in pay. Focuses on claims of discrimination, harassment, or retaliation based on protected characteristics such as race, sex, age, disability, or religion. Available Remedies Remedies may include reinstatement, back pay, correction of personnel records, or reversal of adverse actions. Remedies may include compensatory damages including emotional distress damages, back pay, policy changes, or workplace accommodations. Deadlines Strict 30-day deadline from the effective date of the agency’s action to file an appeal. Strict 45-day deadline from the date of the alleged discrimination to initiate contact with an EEO counselor. Mixed Case Strategy If an appeal involves both an appealable action that would give the MSPB jurisdiction and EEO discrimination allegations, an unfavorable MSPB decision may be appealable to the EEOC or to federal district court. If a complaint involves both an appealable action that would give the MSPB jurisdiction and EEO discrimination allegations, you will not be...

Aug 4, 2025 | By Federal Employment Law Firm | Read Time: 5 minutes | Federal EEO

EEOC Lawyers: Your Complete Guide to Fighting Discrimination in the Federal Government

In the vast landscape of workplace dynamics, discrimination can rear its ugly head. This discrimination can vary from race, gender, age, or even disability. The unfortunate reality is that millions of employees encounter unfair treatment on the job each year, leading to not only a hostile work environment but also significant emotional and financial distress. These dedicated professionals specialize in navigating the labyrinthine world of federal sector equal employment opportunity laws and can be invaluable allies in your battle against workplace discrimination. With their expertise, you can transform your frustration into action and reclaim your rights as an employee. For starters, an employment discrimination lawyer will assist you with everything from filing complaints to representing you during mediation or litigation. With their help, not only can you seek justice for yourself but also contribute to creating a more equitable workplace for others who might face similar challenges. What is an EEO complaint, and how do I initiate one? An EEO complaint is a form of complaint where an individual has been subjected to discrimination. For employees of federal government agencies, it begins by contacting your agency’s EEO office (not the EEOC) to initiate the claim. You will then enter the first stage of an EEO complaint, the informal stage. If the complaint is not resolved during the informal stage, you can file a formal complaint of discrimination with your agency. One option at the end of the formal stage is to request a decision from an EEOC administrative judge. What is the EEOC? The Equal Employment Opportunity Commission (EEOC) is more than just a government agency; it’s a beacon of hope for employees across the United States grappling with workplace discrimination. Established in 1965, the EEOC was created to enforce federal laws prohibiting employment discrimination. It is crucial to understand your rights as an employee and the platforms available to protect those rights. What Does the EEOC Do? At its core, for federal employees, the EEOC assigns an administrative judge to hear complaints of discrimination and make decisions as to whether discrimination occurred. Again, protected discriminatory bases can include various factors, such as: If you find yourself facing any form of discrimination at work based on a protected basis or class, initiating an EEO complaint can be your first step toward seeking justice. Remember, the agency processes these initial complaints before you have the right to have a hearing before an EEOC administrative judge. The Informal Process Once you initiate an EEO complaint, your agency will take action, and here’s how it typically works: The Formal Process Once you file a formal EEO complaint, the agency will take action, and here’s how it typically works: Your Advocate in Discrimination Cases You might be thinking: “Do I really need an attorney?” Well, having an expert by your side, such as an experienced workplace discrimination attorney, can make a big difference in navigating this complex process. They can help articulate your experiences compellingly and ensure that all necessary documentation is filed correctly. That’s where our lawyers come in. We’re equipped to turn your case into something that resonates, beyond just paperwork. A memorable aspect of working with an employment discrimination lawyer is their ability to humanize what can often feel like an impersonal bureaucratic process. They’ll not only fight for your rights but also empower you through knowledge and understanding of what’s happening every step of the way. A Safety Net for Employees Everywhere The EEO process serves as a critical safety net for employees across numerous federal agencies, acting as both a protection and enforcement process against unfair labor practices. With anti-discrimination laws firmly in place, it aims to create an equitable workplace environment where quality work trumps bias or prejudice. This might sound like some grand, idealistic vision, but remember that it starts with individuals stepping up and holding their agency and management accountable. So next time you face bias at work or hear that dreaded “that’s just how it is” line from colleagues, just know there’s a powerful process available to you. The Role of EEOC Lawyers When it comes to fighting workplace discrimination, experienced lawyers are your frontline defenders, equipped with a legal arsenal designed to protect your rights. But what exactly does this role entail? Their primary role is to ensure that your voice is heard and that your rights, as delineated under federal law, are upheld. Here’s how they do it: Why Choose Federal Employment Law Firm of Aaron D Wersing PLLC? The right attorney doesn’t just act when things get heated. They provide significant support that continues throughout every stage, from helping you understand initial laws governing workplaces to offering guidance on post-resolution scenarios such as new employment opportunities after filing claims. Remember that justice isn’t always served on a silver platter. Sometimes it requires persistence, patience, and a skilled lawyer who knows how to maneuver through the legal labyrinth efficiently. That’s where our lawyers shine. They bring experience and expertise that can transform your case into a compelling story that resonates. Your fight matters, today and for generations to come. So take a deep breath, stand tall, and let us help you navigate through the entire process. Contact us at Federal Employment Law Firm of Aaron D Wersing PLLC to schedule an initial consultation, and let’s work towards justice together.

May 26, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal EEO

Overview of Federal EEOC Complaint Process

No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint. For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The chances of winning an EEOC complaint depend on several factors and can vary widely. On average, about 16% to 20% of complaints result in favorable outcomes for the complainant. These outcomes may include settlements, voluntary withdrawals with benefits, or successful claim resolutions. However, when a complaint proceeds to litigation, the likelihood of success in court is typically lower. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination. Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable. Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or national origin, age, and disability. Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview. This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination. Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing. Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO). 6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be. The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529.

Mar 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Can You Sue for ADA Violations in the Federal Workplace?

Our country depends on thousands of federal employees with disabilities who provide critical service every day to keep the government running. Unfortunately, many capable federal employees still face unfair treatment and discrimination due to their medical conditions. Whether your employer refuses to provide reasonable accommodations, retaliates against you for requesting them, or treats you unfavorably because of your condition, it’s not just frustrating—it’s a violation of the protections laid out in the Americans with Disabilities Act (ADA) as federal law. Many federal employees in this situation wonder: Can you sue for ADA violations? In this blog post, we’ll answer this common question and explain what government employees should know about their legal rights under federal disability law. What Is an ADA Lawsuit? An ADA lawsuit is a legal action filed by an employee who has experienced disability discrimination at work. Under the ADA, private-sector and state or local government employees can sue their employers if they face discrimination because of a qualifying physical or mental impairment. Common employer ADA violations that can lead to a lawsuit include: If a lawsuit is successful, employer penalties for ADA violations can include fines and mandatory policy changes. Employees may also receive back pay, job reinstatement, and reasonable work accommodations through an ADA lawsuit. Can You Sue for ADA Violations in the Federal Workplace? It is just as illegal for government employers to violate federal disability laws as it is for private-sector employers. However, federal employees who experience disability discrimination take action under a different law: the Rehabilitation Act of 1973, which upholds rights and protections specifically for federal employees with disabilities. Although the Rehabilitation Act predates the ADA by nearly two decades, the two laws use almost identical standards and protections. So, when can you sue for ADA violations if you’re a federal employee? When your employer denies you any of the rights or protections you’re entitled to under federal disability law. However, you will pursue your claim through a slightly different legal route under the Rehabilitation Act rather than the ADA. How to Sue for an ADA Violation in the Federal Workplace Filing a lawsuit for disability discrimination as a federal employee involves several steps. Unlike private-sector employees, federal workers go through a different administrative complaint process before taking their disability discrimination case to court. Here’s how the process works: Federal employees generally have up to 90 days after receiving a final decision to seek legal counsel and sue for disability discrimination. However, it’s in your best interest to consult with a legal professional from the start—as soon as you suspect your rights have been violated. A skilled federal employment lawyer can evaluate your situation, explain your legal options in detail, and support you throughout the process of getting justice. Steadfast Advocacy for Federal Workers Fighting disability discrimination on your own can be exhausting, especially when facing a complex administrative and legal process. Fortunately, you don’t have to navigate this battle alone. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we help government employees challenge workplace discrimination and advocate for their rights. With years of experience serving employees across the federal government, attorney Aaron Wersing understands the complexities of the Rehabilitation Act and is prepared to guide you through every step of the process to assert your rights. Contact our office today to schedule a consultation and learn more about how we can help.

Sep 25, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEO

Ten Mistakes to Avoid When Filing an EEO Complaint

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.

Sep 13, 2024 | By Aaron D. Wersing | Read Time: 5 minutes | Wrongful Termination

Can a Federal Employee Sue the Federal Government? Guidance for Federal Employees Nationwide

Federal employees share many similarities with their privately employed counterparts. However, when a privately employed person is injured or wrongfully terminated, they can sue their employer. When the government is your employer, the question often arises: Can a federal employee sue the federal government? The answer is yes, with some caveats. Because the federal government has sovereign immunity, federal employees cannot file lawsuits against it unless the government waives this immunity. Therefore, if a federal employee wants to sue the federal government, they can do so only in limited circumstances. In these limited circumstances, the exact methods for suing the government may not be actual lawsuits, at least at first. Federal employees have to go through certain administrative procedures before they can file a lawsuit in federal court, and thankfully many times a complaint can be resolved during these administrative procedures. Our federal EEOC attorneys will explain what you need to know. What Can a Federal Employee Sue the Federal Government For? Wrongful termination and workplace discrimination are the most common lawsuits employees bring against their employers. Yes, you can sue the federal government for either of these reasons, though the process is different than with a private employer. While private sector employees may bring lawsuits against employers in civil court, federal employees must first file a claim with an independent review body rather than the court system. The initial claim sets in motion the administrative process federal employees must exhaust before they can sue the federal government. Once the employee receives a final decision from the reviewing agency, they may file a lawsuit in federal court. When Can a Federal Employee Sue Their Employer? A federal employee can sue their employer for discrimination, harassment, non-selection, demotion, wrongful termination, and for several other bases. For example, federal employee may have a claim to sue their federal agency if the employee: These are only a few of the common claims a federal employee may have to sue their employer. If you believe you were wrongfully terminated or suffered harassment at your federal workplace, you should contact a federal employment lawyer who can advise you of your rights and possible avenues of recovery. Can a Federal Employee Sue Their Supervisor? A federal employee can sue their supervisor, but success is limited by Qualified Immunity. This legal principle protects government officials from personal lawsuits unless they violate clearly established constitutional rights. Most workplace disputes must go through administrative channels like the EEOC or MSPB before legal action is considered. Suing a Federal Employer for Workplace Discrimination There are several laws, enforced by the Equal Employment Opportunity Commission (EEOC) that protect federal employees against workplace discrimination and harassment. These laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Age Discrimination in Employment Act, among others. Title VII is perhaps the most expansive, prohibiting discrimination on the basis of race, color, religion, national origin, or sex. Federal employees protected by these laws must go through a different complaint process compared to private sector employees. First, federal employees must speak with the equal employment opportunity counselor at the agency where the employee works. Most employees know this department as their EEO office, although some agencies do use varying acronyms, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. Before filing a formal complaint, the employee must participate in either counseling or in alternative dispute resolution (ADR), usually mediation. If the employee can’t reach a resolution, they may then file a formal complaint with their federal agency. Unless the agency dismisses the complaint, they will then investigate the claims of discrimination and issue a Report of Investigation (ROI), along with a notice of right to request a hearing before an administrative judge (AJ) of the EEOC or a final agency decision. After hearing the case, the AJ submits an initial decision to the agency. The agency then issues a final decision indicating whether it agrees with the AJ’s conclusion and will implement the order. After receiving the agency’s final decision, an employee can file a lawsuit in federal civil court. Properly exhausting administrative remedies is necessary for obtaining review by a federal court. Hiring a federal employment lawyer to guide you through the process will ensure that you do not miss any deadlines and that your case is as strong as possible. Suing a Federal Employer for Wrongful Termination Wrongful termination occurs when an employer fires someone for any reason prohibited by the law. Firing an employee based on discrimination or in retaliation for something the employee did are examples of wrongful termination. Wrongful termination can also occur when employees are forced out on trumped up charges or coerced to resign. Filing a Wrongful Termination Claim With the exception of Title 38 VA employees and certain others, wrongful termination claims are usually filed with the Merit Systems Protection Board (MSPB), though employees may file these claims through the EEO process or union grievance as well. Employees may file a claim only with one of these options, generally, the one you elect first; discussing these options with a federal employment attorney will help you determine which is best for your situation. Appealing Wrongful Termination to the MSPB After filing an appeal with the MSPB, the employee engages in the discovery process with the agency, during which time each side gathers information to support their case. Information gathering may take the form of interrogatories, requests for admission, requests for the production of documents, or depositions. An experienced federal employment lawyer will be familiar with this process and can help you gather the right evidence during the discovery process. After discovery, the parties attend a hearing in front of an Administrative Law Judge (ALJ). Each side presents evidence and testimony that supports their case. Keep in mind that during this entire process, your attorney can negotiate with the other side to attempt to reach a settlement. If you and your employer can reach an agreement, it may...

Feb 27, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Federal Efforts to Promote Equal Pay for Federal Employees

For decades, the federal government has been a pioneer in the quest for equal pay stands. Its perseverance stands as a testament to the ongoing commitment to gender equality and non-discrimination. But what do these efforts involve? It began with the Equal Pay Act, which required federal employees to receive equal pay for equal work, no matter their sex or gender. This law helped shrink the pay gap from 28% to 11% between 1998 and 2007. More recently, the Biden Administration has taken additional steps to further shrink the wage gap and strengthen the protections of the Equal Pay Act for federal employees. Today we’ll discuss the Equal Pay Act and how it protects federal employees from unequal pay. We’ll also discuss recent actions by the Biden Administration to promote equal pay for federal employees. If you think you are not receiving equal pay because of your sex, contact our team of dedicated federal employment attorneys today. What Is the Equal Pay Act? The Equal Pay Act of 1963 (EPA) stands as the primary federal effort to eliminate the longstanding disparities in pay between men and women. Congress crafted it with one simple intention: to guarantee that federal employees in the same workplace who perform substantially similar work under similar conditions receive equal pay. Rather, agencies must set the pay for federal employees according to seniority, merit, efficiency, or some other factor that does not consider gender. It further states that agencies cannot reduce any employee’s wage to eliminate wage gaps between men and women. The EPA contains several other points: As with Title VII violations, federal employees who suspect that they are not receiving equal pay must contact an EEO counselor at their agency within 45 days of the alleged violation. Remedies under the EPA can include back pay for up to three years before the filing of a charge, liquidated damages, and legal costs. Who Does the Equal Pay Act Protect? The protective reach of the EPA extends to all federal employees. It also extends to all employees who fall under the Fair Labor Standards Act (FLSA). In practice, this means virtually all employment contexts, including private educational institutions, private sector positions, and state and local governments. Furthermore, the EPA implicitly recognizes the new definitions of gender and sex that are currently redefining the federal government. Therefore, employers cannot pay nonbinary individuals different wages. Initiatives by Recent Presidential Administrations Several recent presidential administrations have taken steps to build upon the EPA and further the cause of equal pay. In 2009, the Obama administration galvanized the passage of the Lilly Ledbetter Fair Pay Act. This act resets the statute of limitations on equal pay lawsuits with each discriminatory paycheck, effectively expanding the window for filing complaints. President Obama established the National Equal Pay Task Force as well. This task force aimed to crack down on violations of equal pay laws, improve interagency coordination and data collection, and boost enforcement efforts. More recently, the Biden administration issued a final rule by the Office of Personnel Management prohibiting federal agencies from considering someone’s current or past pay when determining their federal salary. We’re Ready to Help You Advance the Cause of Equal Pay Today. The path to achieving and maintaining equal pay within the federal workforce is ongoing. At the Federal Employment Law Firm of Aaron D Wersing, PLLC, we are determined to assist any federal employee who suffers a violation of the EPA or other federal anti-discrimination laws. We promise to leverage our legal experience to uphold the principles of equality and fairness. If you believe you have been subjected to wage discrimination or if you are seeking advice on ensuring compliance with equal pay laws, do not hesitate to contact us. Together, we can turn the ideal of equal pay for equal work into an enduring reality for the federal workforce.

Dec 15, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

PTSD Reasonable Accommodations for Federal Employees

Once called “shell shock” or “battle fatigue” because of its association with the trauma of military combat, post-traumatic stress disorder (PTSD) has emerged as a growing mental health issue across the country. Statistics from the National Institutes of Health suggest that almost 4% of the U.S. adult population grappled with PTSD within the last year. Characterized by recurring nightmares, flashbacks, and an aversion to certain stimuli, PTSD is not merely a psychological abstract. It’s a tangible disruptor of everyday functionality. The good news for federal employees with PTSD is that they have a right to reasonable accommodation through the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). In this piece, we’ll unpack PTSD’s status under the Rehab Act and the ADA. We’ll also discuss PTSD reasonable accommodation examples. Contact our outstanding federal Equal Equal Employment Opportunity Commission (EEOC) reasonable accommodations lawyers to receive personalized legal advice. Is PTSD an ADA Disability? “Is PTSD covered under the ADA” is probably your first question when it comes to this issue. It is undoubtedly the most common question we receive on this topic. The short answer is almost always yes. Fully understanding this answer requires us to delve into the history of reasonable accommodation. The Rehabilitation Act of 1973 was the first law to obligate federal agencies to provide reasonable accommodation. However, there was some ambiguity on what constitutes a disability. While the ADA extended the rights to reasonable accommodation to private-sector employees, the controversy over the definition of a “disability” continued. Finally, Congress passed the ADA Amendments Act of 2008 (ADAAA) to expand the definition of disability and create a universally inclusive work environment. The ADAAA’s position is clear: any impairment that substantially impacting one or more major life activities warrants disability status. Given that major life activities include activities like working, thinking, and interacting with others, PTSD is undoubtedly a disability. PTSD Reasonable Accommodation Examples Federal employees with PTSD have ample flexibility when it comes to requesting a reasonable accommodation. Ultimately, the best accommodation for you depends on your position’s core duties and specific symptoms. That said, here are a few PTSD reasonable accommodations: Curious to learn whether another kind of accommodation is possible for you? An experienced federal employment attorney can assist. Requesting an Accommodation for PTSD: Simplicity in Action Submitting a reasonable accommodation request is refreshingly simple compared to other legal processes. All you have to do is make a simple statement that you need accommodation because of a mental or physical condition. A request could be something such as communicating that you need to work from home because of your PTSD symptoms. Once you share your need for an accommodation, you trigger an interactive process involving you and your employer. Both sides collaborate to find an ideal accommodation that meets your needs while not presenting an undue burden to your employer. Are There Complex PTSD Accommodations? Yes. Many of the accommodations we mentioned earlier also suffice for complex PTSD (CPTSD). However, they’re not the only ones. Employees can request any accommodation that allows them to perform their job duties and is not an undue burden for their employer. Start Your Reasonable Accommodation Journey with the Best Legal Team A qualified group of attorneys can help you transform your reasonable accommodation ideas into reality. Fortunately, our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, are ready and willing to partner with you. When you work with us, we’ll help you submit your request and articulate your ideal accommodations. We can also interface with your healthcare team to collect compelling medical evidence. Then, we negotiate with your agency’s human resources or reasonable accommodation team. We’ll even initiate legal action to get you the reasonable accommodation you deserve. Don’t wait. Start your journey towards a better work-life by calling us today or contacting us online.

Nov 17, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEO

Filing an EEOC Complaint of Racial Discrimination

Racial discrimination in the workplace is still shockingly common. Federal employees submit between 20,000 and 40,000 complaints of racial discrimination every year. Countless more incidents of racial complaints either resolve at an informal level or go completely unreported. As a result, every federal employee must know what racial discrimination is. In addition, they also need to know how to respond to it by filing a formal complaint with the Equal Employment Opportunity Commission (EEOC). If you are facing possible racial discrimination, then you’ll want to peruse this piece. We’ll first touch on what racial discrimination is under applicable law. Then, we will walk you through filing an EEOC complaint. Contact a dedicated team of federal employment attorneys today if you have additional questions or want legal advice on your specific legal situation. Identifying Racial Discrimination Racial discrimination has been illegal in both federal and private workplaces since the passage of the Civil Rights Act of 1964. But what exactly is racial discrimination? The simple definition is any unfavorable treatment of a person in employment because of their race. While it may sound simple enough, this definition has a few nuances to understand. For one, a person’s race includes their race and related characteristics. Examples of potential racial characteristics include a person’s hair type, facial structure, or skin color. In addition, “in employment” extends to every possible facet of a person’s job. Actions that can constitute racial discrimination include: Racial discrimination often goes hand-in-hand with color discrimination, which is unfavorable treatment because of your skin color. While the two issues are very similar, there can be vital differences. Many racial discrimination cases involve racial harassment, which is offensive behavior that makes your working environment objectively hostile. Filing an EEOC Racial Discrimination Complaint All EEOC racial discrimination complaints begin with a complaint to your agency’s local equal employment opportunity (EEO) office. It’s easy to initiate this. All you have to do is find your local EEO office’s contact information and report the discrimination to an EEO counselor. Contacting a counselor begins the information EEO complaint process. The counselor will try to resolve your claims through traditional counseling (which involves discussing your claims with your management) or mediation. You can choose which path to follow. If you can’t resolve your complaint at this level, you will file a formal EEOC complaint with your agency. This triggers an investigation into the facts by a third-party investigator. The investigator will interview you, your management, the person responsible for the discrimination, and any witnesses to the behavior. They’ll also collect certain agency evidence. At the end of the investigation, the investigator will send you and your agency a Report of Investigation (ROI) that documents the factual landscape surrounding your complaint. You will also receive the right to request an EEOC hearing before an administrative judge or a Final Agency Decision. Requesting an EEOC hearing with an administrative judge initiates formal litigation. It’s essential you have an attorney representing you by the time you request a hearing. The administrative judge will set an initial conference to discuss your claims and key procedural details. The judge will then allow the parties to conduct discovery and set a hearing date. While you go through the discovery process and prepare for a hearing, you may have the opportunity to negotiate a fair settlement with your agency. Lawyers can be especially invaluable here because of their negotiation skills and experience. If you’re unable to negotiate a settlement, you’ll attend a hearing. The administrative judge will hear evidence from both parties and determine whether your claims have merit. You can choose to appeal an unfavorable decision. Get the Experienced Legal Assistance You Deserve. As you can see, the EEOC complaint filing process is complex. It takes months or years to resolve and involves many specific deadlines and procedural requirements. Failure to abide by these deadlines can torpedo your case and jeopardize your career. To ensure you get the best outcome possible, contact the team at the Federal Employment Law Firm of Aaron D. Wersing. Our entire practice revolves around defending the rights of federal employees. That means we know how to effectively assess your legal needs and brainstorm the best strategies for resolving your case. Furthermore, it costs nothing to have an initial consultation with us. Call today or visit our website to get going.

Oct 9, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Harassment

Sexual Harassment in the Federal Workplace

Sexual harassment in the federal workplace continues to be a major issue for public servants. According to a survey by the Merit Systems Protection Board (MSPB), approximately 14% of employees experienced sexual harassment in the workplace. Given this high incidence, every federal employee must understand what sexual harassment looks like. In addition, we want to equip you with the information you need to respond effectively. Read on to learn more about the definition of sexual harassment in the workplace. We’ll also cover how to respond to sexual harassment if you encounter it. For more information, contact the outstanding legal team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, today. What Is Sexual Harassment in the Federal Workplace? The Equal Employment Opportunity Commission (EEOC) broadly categorizes sexual harassment as a form of sexual discrimination that violates the Civil Rights Act of 1964. More specifically, sexual harassment involves situations where acceptance or rejection of certain sexual actions become a condition of employment, affect an individual’s workplace treatment, or lead to an unwelcome work environment. Examples of specific actions that can constitute sexual harassment include repeated unsolicited sexual overtures or demands, threats of sexual violence, and sexual gestures. What does this look like in reality? It might be continuous unsolicited sexual texts from a colleague or boss. Or it could be your superior promising you a promotion if you sleep with them. It could even be a partner at your office who keeps asking you to renew your romantic relationship despite your refusals. What Is Quid Pro Quo Sexual Harassment? “Quid pro quo” sexual harassment is a specific subset of sexual harassment that involves the transactional use of sex in the workplace. “Quid pro quo” is a Latin phrase meaning “something given for something received.” Thus, quid pro quo sexual harassment is a promise of career benefits if a sexual advance is accepted. It can also be a threat to harm your career unless you accept a person’s sexual interest. Either way, it’s against the law and demands rapid response. How to Report Sexual Harassment in the Federal Workplace Whatever its form, sexual harassment is intolerable. This fact is especially true in the federal workplace, which has traditionally spearheaded advances in civil rights. Everyone deserves respect, safety, and the right to perform their duties without fear or discomfort. Reporting such incidents is not just a step towards justice. It’s also a crucial action to ensure workplaces remain respectful and productive. That said, here’s how you can report sexual harassment in the workplace. Remember that federal law prohibits retaliation against employees who report sexual harassment or participate in an EEO investigation. If you face any retaliation, report it immediately. Defend Your Rights by Contacting Us Today Dealing with sexual harassment requires courage, grit, and patience. However, obtaining legal counsel is vital for protecting your career and rights. It also helps guarantee that your agency takes your allegations seriously. Our team at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, maintains a deep understanding of federal employment laws. We also have a strident commitment to protecting employees’ rights. Together with our decades of legal experience, we stand by to help protect you against all forms of sexual harassment. If you or someone you know is grappling with sexual harassment issues in the federal sector, contact us today. When you schedule an appointment, we can apply our experience, compassion, and dedication to your interests. Your well-being and justice matter to us. Contact us today.