| 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.

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| 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.

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| Read Time: 4 minutes | Federal EEOC

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 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.

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| Read Time: 3 minutes | Federal EEOC

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.  

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| 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 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 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. 

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| Read Time: 4 minutes | Federal EEOC

How to Prove Discrimination in an EEOC Case

Proving discrimination as a federal employee isn’t always a straightforward process. In fact, knowing how to prove discrimination in an EEOC case involves several steps. First, you need to know what kind of discrimination you’re facing. Second, you need to prove a prima facie case. Third, you need to show that the agency’s supposedly legitimate reasons for its actions are actually a cover-up for discrimination.  Read on to learn more about what each one of these steps involves. We’ll also touch on related issues that commonly arise in an EEOC case. For more information or a consultation, consult a dedicated federal employment attorney today. What Is Discrimination? As a federal employee, you enjoy extensive protections from discrimination in the workplace. These protections extend not only to the job application process but also to every aspect of your employment, including: Discrimination covers an unbelievably large number of different situations. Discrimination occurs when a female employee is passed over for a promotion in favor of a less qualified male employee. It also occurs when an older worker is terminated and replaced by a younger employee with less experience. It can even include retaliation for prior EEO complaints or other protected activity. So that means the employee who faces social exclusion and a change in job duties is a victim of discrimination as well.  What Kinds of Discrimination Are There? As you can learn from the EEOC’s own website, there are many different kinds of illegal discrimination. These include discrimination against you based on your: Before you file a lawsuit, you need to think carefully about what kind of discrimination may be present in your case. Frequently, this fact is obvious. Sometimes, it may be much more difficult to assert because multiple kinds of discrimination are ongoing. What Kinds of Evidence Can I Use to Prove Discrimination? For obvious reasons, it’s vital that you understand how evidence is assessed in EEOC cases. Generally, there are three types of evidence that can be used to prove discrimination. Direct Evidence The most persuasive kind of evidence is direct evidence. Direct evidence in discrimination cases can include statements or documents from employers that directly link the adverse employment action to an individual’s disability. Another example of direct evidence would be a recording of a hiring official using discriminatory language. Comparative Evidence Another type of evidence is comparative evidence. This form of evidence involves looking at similarly situated employees in your workplace and seeing how your employer treats them. With the help of an attorney, you can assess whether coworkers with different characteristics receive different treatment from your employer in terms of job assignments, overtime shifts, and other factors. Circumstantial Evidence Yet another kind of valuable evidence is circumstantial evidence, which is indirect evidence an EEOC judge can use to infer a legal fact. Circumstantial evidence in discrimination cases can include things like patterns of adverse employment actions against individuals with disabilities. Other examples include past discriminatory comments by managers or coworkers, as well as statistical evidence that shows a disparity between employees of different races, sexes, or religions. Although circumstantial evidence is not as persuasive as direct evidence, it can still be used to support your case.  How to Prove Discrimination in the Workplace Unless you have direct evidence of discrimination, you have to follow a three-step legal framework to prove discrimination. This framework was first established in the Supreme Court case, McDonnell Douglas Corp. v. Green. Consequently, many attorneys call this framework the “McDonnell Douglas framework.” It involves three steps. First, you need to prove a prima facie case of discrimination. This means that you must show that you belong to a protected class. In addition, you have to show you suffered an adverse employment action and that the adverse action occurred under circumstances that give rise to an inference of discrimination. Next, your employer has to provide a legitimate or nondiscriminatory reason for its action. Assuming your employer can provide a reason, you must demonstrate that your employer’s supposedly “nondiscriminatory” reason is actually a pretext for discrimination. In other words, you need to show that your employer’s asserted reason for acting is not believable and is a pretense. What Are the Chances of Winning an EEOC Case? It’s hard to estimate the chances of winning an EEOC case because no two cases are alike. The outcome of each case depends on various factors, including the strength of the evidence, the credibility of the witnesses, and whether you have legal representation. Another critical factor is whether your employer is willing to settle the case. If there is a willingness to negotiate a settlement, you may not need to go to court to resolve your case.  Contact the Law Firm of Aaron D. Wersing to Get the Representation You Deserve   Now that you know more about the EEOC, discrimination, and the legal process, you need to find quality legal counsel. As experienced federal employment law attorneys, we’ve seen all kinds of ugly discrimination. We know the common tricks employers use to try to cover up their discriminatory acts. And we know how to collect the vital evidence you need to prevail in an EEOC case. Thanks to our experience and track record of success, we have enjoyed countless victories for our clients. Contact us today to get the answers you need and the representation you deserve. Get started by calling us or reaching out to us online.

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| Read Time: 3 minutes | Federal EEOC

How to Win an EEOC Complaint

Almost everyone these days knows that workplace discrimination is wrong. But few people know that they can fight workplace discrimination by filing an Equal Employment Opportunity Commission (EEOC) complaint. Winning before the EEOC can not only end whatever discrimination you’re facing, but it can also give you a wide variety of remedies to compensate you for your losses. These can include financial payments for your damages, reinstatement to the position you lost, or a promotion that you were wrongfully denied.  But how do you win an EEOC complaint? We’ll cover a few basic strategies in this brief article. However, if you want more specialized legal advice or more advanced legal tips, then you’ll want to get professional legal help. First Things First: Filing an EEO Complaint There are several ways to file an EEO complaint. One way is to go to your employer’s human resources office. Another method is to file a complaint using the EEOC’s online public portal. If you prefer to take a more personal approach, you can file a complaint over the telephone or visit a regional EEOC office in person. You can even file a written complaint by mail. Whichever method you choose, make sure you file the complaint shortly after the discrimination happens. Although the deadline for filing an EEO complaint varies, you generally have only 45 days to contact an EEO counselor and begin the complaint process. If you wait past that time for filing an EEOC complaint, then it will probably be dismissed.  Four Tips to Help You Win an EEOC Complaint Winning a complaint with the Equal Employment Opportunity Commission (EEOC) is usually a complex process, but there are certain steps that you can take to increase your chances of success. Tip #1: Gather Evidence As the future complainant, you have the burden of persuasion. And the key to meeting your burden is presenting convincing evidence. Therefore, you should collect and preserve any relevant documents, emails, witness statements, or other evidence that supports your claim of discrimination or retaliation. Do not wait until you file a complaint to start collecting documents. Instead, begin preserving evidence immediately after the discrimination starts and make it a regular habit.  Tip #2: Be Prompt As we mentioned before, timeliness is essential for the EEOC. The time limits for filing complaints are strict, so be sure to file your complaint as soon as possible after the alleged discrimination or retaliation occurred. Respond to judicial inquiries or requests immediately. And ensure that you file any pleadings before the submission deadlines. It may sound like a straightforward piece of advice, but many strong complainants with compelling cases have failed because of missed deadlines. Tip #3: Be Clear and Concise It’s only natural that you’ll feel a lot of pent-up frustration and resentment toward your employer after weeks or months of discrimination. However, it’s essential that you do not file an overly long or rambling complaint. Make all your written statements straightforward and brief. Doing so will make you appear more credible and professional; that always makes a favorable impression.  Tip #4: Seek Legal Counsel Even if you have a compelling case, you need to have a thorough understanding of the legal system to ensure the best possible outcome. However, most people have little understanding of the legal system, which puts them at a disadvantage against agency counsel. Attorneys spend years developing the particular skills necessary to make them effective representatives. They know how to file persuasive motions, request information via discovery requests, and conduct negotiations. Therefore, having an attorney represent you is critical. A good attorney can also provide invaluable advice and emotional support throughout the legal process. What Are the Chances of Winning an EEOC Case? It’s very difficult to know your chances of winning an EEOC case because no two cases are alike. Your chances depend on the facts of the case, the applicable law, and your ability to effectively argue your case. The best way to learn whether you have a chance of winning your EEOC case is by contacting an attorney.  Trying to Fight Against Workplace Discrimination? Consult with One of Our Experienced Federal Employment Attorneys Today. Now that you know the basics of how to win an EEOC complaint, start your journey toward success by hiring an attorney. With their help, you will be able to prevail before the EEOC and recover the compensation you deserve. Yet not all attorneys are the same. To maximize your chances of winning, you need to hire an experienced attorney who focuses on federal employment matters.  Here at the Federal Employment Law Office of Aaron D. Wersing, PLLC, our number one objective is to deliver outstanding results for our clients. We have decades of experience protecting employees against discrimination and unjust employer actions, so we know exactly what it takes to win before the EEOC. Don’t believe us? Take a moment to review our many client testimonials.  Call us at 866-612-5956 today. You can also contact us online.

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| Read Time: 4 minutes | Federal EEOC

How to Prove Retaliation in the Workplace

The law protects all federal employees against discrimination and harassment in the workplace. And yet, many employees suffer all kinds of injustice after standing up for their rights. Countless other employees fear standing up for themselves because of the threat of retaliation. Unfortunately, retaliation in the federal workplace is common. According to the U.S. Equal Employment Opportunity Commission (EEOC), there were over 34,000 complaints of workplace retaliation in 2021. In fact, retaliation complaints made up 56% of all EEOC complaints filed that year. Given these facts, it’s important to learn how proving retaliation works. Read on to learn about the legal elements of retaliation. Contact a dedicated federal workplace retaliation attorney today if you have more questions about federal workplace retaliation or want legal counsel on your specific situation.  How to Prove Retaliation Every successful retaliation claim requires meeting three elements. To prevail on your retaliation claim, you first need to prove that you either participated in protected activity or refused to obey an illegal or unethical act. After that, you need to show that your employer took some kind of adverse action against you. Finally, you must establish a nexus between your employer’s adverse action and your earlier protected activity. Let’s explore these elements in more detail.  Participation in Protected Activity or Refusal to Carry Out an Illegal Act “Protected Activity” is a legal term of art that is commonly heard in discrimination cases. The most simple definition is any activity that receives federal or state legal protection. One great example is reporting discrimination. Federal civil rights laws prohibit discrimination based on certain characteristics. To encourage people to come forward and report discrimination, these civil rights laws grant protection to the act of reporting a violation. Other protected activities include things like: Protected activity also encompasses any resistance to an illegal order. For instance, it would be protected activity to refuse an order from your director to fire a subordinate because of his race. Finally, turning down sexual advances or taking action to protect others from sexual harassment generally constitutes protected activity.  Adverse Action Against You by Your Employer Once you demonstrate that you participated in a protected activity, your next task is to prove you suffered an adverse action. Adverse actions include any negative actions against the employee by the employer. As such, they can take on a variety of forms. A few examples of adverse actions include: Although many kinds of adverse actions are obvious and blatant, others are more subtle. As federal anti-discrimination laws do not prohibit the employer from disciplining an employee for legitimate reasons, shady employers will often try to camouflage retaliation. For instance, your manager might say that he is laying you off because of “budget cuts” rather than your EEO activity. When adverse actions are conducted for seemingly legitimate reasons, it is best to hire qualified legal counsel to assist you.  Connection Between the Adverse Actions and Your Protected Activity The final and most tricky retaliation element to prove is the connection or causality between your employer’s adverse action and your protected activity. Federal employment attorneys utilize three different characteristics to establish causality: Using one or more of these factors is vital to prove retaliation.  Have More Questions About Retaliation in the Federal Workplace? Let Us Help   Unlike other attorneys, the Law Office of Aaron D. Wersing, PLLC concentrates solely on federal employment issues. That means we have in-depth experience with virtually every issue that arises in the federal workforce. Besides our knowledge and experience, we also have a deep passion for serving the nation’s civil servants. We care about your rights and want you to have a long and fruitful federal career. Don’t go it alone against your retaliatory employer. Get the legal help you need so you can obtain the compensation you deserve. Call us at (833) 833-3529 or reach out to us online to start your journey toward justice. 

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| Read Time: 5 minutes | Federal EEOC

How to File an EEO Complaint

Filing an EEO complaint is something few employees ever imagine doing. Most of us hope to have colleagues and supervisors who are at least professional, if not friendly and supportive. Unfortunately, many federal employees experience illegal discrimination in the workplace. This includes discrimination based on characteristics such as race, color, national origin, and sexual orientation. If you feel you are the target of discrimination, you must take action by filing an EEO complaint. Read on to learn more about the EEO complaint process from an experienced federal employment attorney. When you are ready, contact us today to take your first steps toward justice. When Should I File an EEO Complaint? You should consider filing an EEO complaint whenever you are the victim of illegal discrimination or harassment. Discrimination refers to any different treatment you receive in your employment. Harassment is any aggressive or unwelcome behavior that produces a change in your work conditions or creates a hostile work environment.  The law prohibits discrimination and harassment based on the following characteristics: In addition, it is illegal for your employer to discriminate against you because of your involvement in any hearing or investigation under any federal anti-discrimination law. The law protects every aspect of your federal employment from discrimination. Maybe your boss passed you over for a promotion because of your race. Or perhaps your supervisor removed you from a key project because of your disability. Even an act as simple as denying you an office parking spot can qualify as discrimination if done for an illegal reason. Sometimes discrimination is overt and obvious. Other times, it can be almost impossible to detect. The truth is that you should contact an attorney even if you are not sure whether you’re the target of discrimination. An experienced employment attorney, with their knowledge and familiarity, can quickly spot red flags. How the Process of Filing an EEO Complaint Works Here we outline the steps involved in filing and resolving an EEO complaint. But before any of this happens, our best advice is to contact an experienced federal employment attorney. Give us a call as soon as you realize you are a victim of discrimination. We will guide you through the process to ensure you get the compensation and justice you deserve. Step 1 – Contacting an Agency EEO Counselor The first step in launching your EEO complaint is to contact an agency EEO counselor. All federal agencies have an EEO office to receive and process agency EEO complaints. Within each one of these offices are EEO counselors, who serve as unbiased agents. Counselors who collect information about your version of the facts, walk you through the EEO process, and advise you of your rights under the law. They will also inform you of alternative dispute resolution methods so that you and the agency have the chance to resolve your complaint at the lowest level.  Whether you have an attorney to represent you or not, the law requires you to contact an EEO counselor. You also need to act quickly. You have only 45 days from the date of the discriminatory or harassing act to contact a counselor. If you wait until after that time to contact a counselor, the agency will dismiss your claim. However, you can ask the agency to extend the timeline if you: Agencies have to act within certain timelines as well. Once you have contacted their EEO office, they must conduct your initial counseling within 30 days. After the counseling, your agency EEO office will give you a form called a Notice of Final Interview. This Notice informs you of your right to file a formal discrimination or harassment complaint.  Step 2 – Filing a Formal Complaint You have only 15 days to file a formal complaint after you receive the Notice of Final Interview. To file a formal complaint, you (or your attorney) need only submit a complaint with your signature, contact information, and your general claims. If new details emerge after you submit your initial complaint, you can amend your complaint. Once you send your complaint to the agency, it will send you a letter acknowledging your complaint. Shortly afterward, you will receive a letter from the agency accepting your claims for investigation. It is vital you pay attention to how the agency describes your allegations. It is common for agencies to mischaracterize your claims, leading to a poor investigation and a faulty final agency decision.  Step 3 – The Agency Investigation The Agency typically has 180 days to conduct an investigation. In most cases, an investigator from an outside agency (or from a different part of the agency) spends several months interviewing witnesses, collecting relevant evidence, and compiling their report. The investigator’s goal is to develop a factual record that is unbiased and impartial to all parties.  When the investigation is complete, you and the agency’s legal department will receive a copy of the investigator’s Report of Investigation (ROI). At this point, you can choose to request either a hearing before the Equal Employment Opportunity Commission (EEOC) or a final decision from the agency regarding your claims. Settlement is another option you and your attorney may consider during this process. Depending on the facts that the investigator uncovers, your agency may be eager to resolve the case and give you appropriate compensation. Step 4 – EEOC Hearing If you decide to file for a hearing, your case will transfer under the jurisdiction of the EEOC, an agency that focuses primarily on resolving claims of discrimination and harassment. A special administrative judge (AJ) oversees each EEOC hearing. Before the hearing, the parties will meet for an initial conference and engage in settlement negotiations. They will also receive the opportunity to conduct discovery, which allows them to collect evidence from the opposing party. In some cases, your attorney may be able to draft a special motion which can lead to you prevailing without even going to a hearing.  Once at the hearing, your attorney will present evidence and make...

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Can I Be Fired if I File an EEOC Complaint?

Everyone has the right to work in a place free from discrimination. Unfortunately, discrimination in workplaces is still a widespread issue. What’s more, tens of thousands of workers lose their jobs, are forced to quit, are demoted, and endure harassment each year because they complained about discrimination.  The Equal Employment Opportunity Commission (EEOC) reports that, in 2021, individuals filed 34,332 retaliation claims. This means that retaliation charges constitute over 56% of the total charges filed during that period.  The Federal Employment Law Firm of Aaron D. Wersing focuses on serving federal employees by investigating, filing, representing, and defending the federal EEO complaints of federal employees.  Federal Protections Against Discrimination and Retaliation Numerous federal laws protect workers against discrimination in the workplace, including:   Title VII of the Civil Rights Act,  Title I of the Americans with Disabilities Act, Rehabilitation Act of 1973 Age Discrimination in Employment Act, and Equal Pay Act. Under these and other laws, it’s illegal for an employer to treat employees differently because of their race, national origin, gender, sex, religion, disability, or other protected characteristic.  In addition to protecting workers against discrimination, the law also protects workers against retaliation. Under the law, it’s illegal for employers to fire or demote employees because they filed or helped someone else file an EEOC complaint. Can I Be Fired if I File an EEOC Complaint? If an employee files an EEO complaint against their federal agency, such as the USPS, Department of Veterans Affairs, Department of Defense, or others, it’s illegal for their employing agency to take retaliatory action. In other words, your employer can’t fire you for filing an EEO complaint, but they can fire you for nondiscriminatory reasons. For many federal employees, such a situation would lead to several avenues of appeal, and it’s important to choose the right forum to appeal a removal or other adverse disciplinary action. In most situations, a federal agency via its management attempts to cover up their true incentives for firing a worker after the worker files an EEOC complaint.  Likewise, employers may not fire a worker but instead set up workplace conditions that leave the worker with no choice but to quit. For example, your employer may “forget” to schedule you,  or they may make comments about your complaint. These practices are typically illegal if related to the EEOC complaint, and may constitute a constructive removal, involuntary resignation, or similar.  The Federal Employment Law Firm of Aaron D. Wersing is standing by to provide EEOC retaliation guidance. Proving that your federal agency fired you (or forced you to quit) because of your federal EEOC complaint can be difficult. Having a knowledgeable federal EEOC attorney on your side is critical to uncovering the evidence you need to prove your case.  How Can I Prove that My Employer Fired Because I Filed a Federal EEOC Complaint? It’s uncommon for an employer to come out and say that they are firing a worker because they filed an EEOC complaint. So, how can a worker prove that their employer fired them because of the discrimination claims?  To prove retaliation, these three basic elements need to be at play: The employee engaged in protected activity, which is usually filing an EEO complaint, but could be other actions as well such as requesting a reasonable accommodation. The agency imposed disciplinary action or other negative action, and The agency’s decision to take these actions was because the employee filed an EEO complaint. When investigating retaliation claims, the EEOC looks at the circumstances of when the employer fired the worker. The EEOC may look at the following: The timing of when you filed the complaint with the EEOC and the retaliation,  The validity or invalidity of the stated reasons for firing you, and  Other evidence that shows that the employer fired you because you filed the EEOC complaint.  Talking to an experienced attorney is critical to discovering and preserving evidence. In addition, there are strict deadlines in place for when workers must file a retaliation charge. An attorney can help you meet these deadlines. We Are Compassionate and Knowledgeable Federal Employment Attorneys You Can Trust The Federal Employment Law Firm of Aaron D. Wersing proudly serves federal employees throughout the United States out of our Houston home office and remotely throughout the country. We’ve helped hundreds of federal workers secure the relief and justice they deserve. Call us at (866) 508-2158, or contact us online today.

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