Mar 27, 2023 | By Aaron D. Wersing | 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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Feb 28, 2023 | By Aaron D. Wersing | 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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Jan 16, 2023 | By Aaron D. Wersing | 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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Dec 23, 2022 | By Aaron D. Wersing | 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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Aug 29, 2022 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

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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Mar 29, 2022 | By Aaron D. Wersing | Read Time: 2 minutes | Workplace Discrimination

What to Do If You Were Wrongfully Demoted

Getting demoted at work can be a crushing blow to your career. However, it’s especially devastating and unjust when you know you were wrongfully demoted. Maybe your boss decided to demote you because of your skin color or gender. Or perhaps your boss demoted you because you made a complaint about a legal or ethical violation in your workplace. Regardless of the reason, it’s essential that you preserve your rights immediately and defend yourself against your employer’s actions.  To get in touch with an experienced federal employment attorney, contact the team at the Federal Employment Law Office of Aaron D. Wersing, PLLC for immediate assistance. What Does Wrongfully Demoted Mean? When a person says they have been demoted, they mean that they’ve been reduced to a lower rank or less senior position. For example, a federal supervisor may demote their subordinate from a GS-13 job to a GS-12 position. Sometimes, demotions are implemented as a form of discipline, to hold an employee accountable for alleged misconduct or poor performance.  Other times, employees receive a demotion because of illegal, discriminatory reasons. It’s important to understand that federal discrimination laws prohibit any adverse actions, including demotions, for illegal and discriminatory reasons. More specifically, you cannot receive a demotion because of your: If you think you are being demoted at work because of one of these discriminatory reasons, you need to act quickly. You can file a complaint with the Equal Employment Opportunity Commission (EEOC). You may also have the right to appeal your demotion with the Merit Systems Protection Board (MSPB). These avenues are very different, and it is important to speak to an attorney familiar with the unique rights of employees of the federal government. Whatever appeal path you take, it’s essential that you act in a timely manner. Although the law grants you the right to hold your employer accountable for discrimination, you cannot wait very long. Otherwise, your complaint will be untimely, and a judge will likely toss it out.  Want to Learn More About Your Options After Being Wrongfully Demoted at Work? Now that you know what being wrongfully demoted means, you’re probably wondering what to do next. You also know why wrongful demotions can happen and what agencies you can file a complaint or appeal with, but you’re probably unsure of how to actually start the process. Knowing that you’ve been wrongfully demoted is just the beginning of your journey for justice.  At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our attorneys will do everything possible to protect your rights. When you walk through our doors, we know you’re hurting and need some help. We want to sit down with you to hear your story. But then we will use our knowledge and experience to apply the law to your case. We’ll show you your options. Whatever you decide, we promise to aggressively pursue justice for you. On top of that, we will provide you with outstanding customer service. To us, you’re not a number. You’re a human being with a valuable story and inherent rights. Together, we can help you gain the compensation you deserve for your wrongful demotion.  You have nothing to lose by calling us today at (866) 891-0578 and sharing your story with us. You can also contact us online. Don’t wait another second. Let’s get underway today. 

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Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal EEOC

Understanding EEOC Class Action Complaints

An EEOC class action complaint is a special kind of complaint brought collectively by a group of people against one entity. When most people think of class action complaint, they think of lawsuits against large pharmaceutical corporations, petroleum companies, tobacco producers, vehicle manufacturers, and financial companies. However, federal employees can bring a class action lawsuit against the federal government as well. There are many reasons that injured federal employees might want to start a federal class action complaint, but the most common relates to employment discrimination. Take a moment to learn more about the fundamentals of federal class action lawsuits. Afterward, consider consulting an EEOC class action attorney.  The Basics of EEOC Class Action Lawsuits In traditional lawsuits, each party has to represent itself. This means that each plaintiff has to be present in court, hire an attorney, and participate in all aspects of litigation. Few federal employees have the time or money to go through all of this on their own. With class actions, multiple plaintiffs can bring a lawsuit against one defendant as a group. The term for the group of people initiating the class action is, as you might imagine, a class. There are multiple advantages for plaintiffs who decide to sue the federal government as a class. For one, the court can resolve all of the plaintiffs’ claims against the federal government at one time, saving them time. Second, the plaintiffs can share the costs of litigation rather than having to shoulder all of the costs on their own. Third, only a few class members need to actively participate in the federal class action lawsuit. The others simply wait for the lawsuit to resolve. If the suit is successful, all plaintiffs receive a share of the final award. Requirements for Initiating EEOC Class Action Lawsuits Although there are advantages to bringing an EEO complaint as a class action lawsuit, but there are unique requirements as well. To become a class agent, the employee must consult with an EEO counselor within 45 days of the alleged discriminatory incident and request a class certification. A complainant may move for class certification at any reasonable point in the process where it becomes apparent that there are class implications to the claim raised in an individual complaint. If a complainant moves for class certification after completing counseling, no further counseling is required and an EEOC AJ makes a determination on the class certification. Then a formal class complaint must be signed by the class agent and filed within the regular 15-day timeframe, and must state the policy or practice adversely affecting the class as well as the specific action or matter affecting the class agent.   In order to be certified as a class complaint, the complaint must meet the requirements of numerosity, commonality, typicality, and adequacy of representation. These requirements can be difficult to establish, and there are often other requirements that a class must demonstrate. Truth be told, class action lawsuits are quite difficult to navigate. Therefore, your best choice is to consider hiring a federal class action lawsuit attorney to represent you effectively. Let Us Represent You in a Federal Class Action Lawsuit If you are considering filing an EEOC class action complaint against your federal agency, then it is essential you find the right attorney. Many attorneys do not have the specialized experience needed to represent you in a class action lawsuit. Others may not have the best client reviews. Here at the Federal Employment Law Firm of Aaron D Wersing, PLLC, we genuinely care about helping our clients defend their rights. We are also passionate that they obtain the compensation that they rightfully deserve. On top of that, we have many years of experience assisting federal employees with all kinds of employment issues.  Together, we can work to ensure that your federal class action lawsuit has the best chance of success. Don’t wait. Schedule your consultation with us right away. 

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Nov 16, 2021 | By Aaron D. Wersing | Read Time: 6 minutes | Federal EEOC

An EEOC Lawyer Explains the Process of Filing a Federal-Sector EEO Complaint of Discrimination

Discrimination in the federal workplace is an unfortunate reality of employment. Yet discrimination based on personal characteristics like sex, gender, race, color, age, and religion is against the law. Illegal discrimination encompasses actions that affect all aspects of federal employment, including hiring, firing, promotion, compensation, benefits, workplace treatment, and discipline.  If you’ve been the victim of unlawful discrimination as the result of management’s actions or inactions, you have the right to file a complaint with your agency’s Equal Employment Opportunity (EEO) office.  Read on to learn about the process of filing a charge of discrimination from an EEOC attorney who frequently takes on discrimination cases.    Initial Research  A good first step as a federal employee filing an EEO complaint of discrimination is to search for “federal employee EEO attorney” or similar online. Select a labor lawyer who is familiar with federal-sector EEO discrimination law and knows how to practice in front of the EEOC. Most employment attorneys do not handle federal-sector EEO complaints. It often makes sense to look for attorneys in your area. However, modern technology and federal employment make it easy to choose attorneys who are based in other states. In fact, there are so few attorneys focusing in this small niche that odds are you would not find one locally. Meeting with an EEOC Attorney Next comes the initial consultation. During this meeting, the EEO attorney will ask questions about your case. The EEO lawyer will also discuss their fees and what you might stand to gain if you are successful in a lawsuit. Settlement is a big topic of conversation as well, to determine what your ideal remedies may be.  The Financial Picture The initial consultation should include a discussion of your potential damages. The EEOC awards several forms of damages to successful plaintiffs. One type is called compensatory damages. An EEOC administrative judge awards compensatory damages in an attempt to make a plaintiff who has faced discrimination whole. For example, the EEOC recently awarded $165,000 in compensatory damages to a United States Postal Service (USPS) employee who dealt with illegal discrimination. The USPS was also recently involved in an EEOC-approved settlement with another one of their employees.  In especially egregious cases of discrimination, the EEOC may award even higher damages. As you can imagine, these damages serve to dissuade an agency from continuing their discriminatory behavior, and may even lead to the removal or disciplining of responsible management officials (RMOs).   What Happens After You File a Charge of Discrimination  After you have retained an attorney and contacted your agency’s EEO office, the EEO office will initiate the informal EEO complaint stage to try to resolve the case at the lowest level. If unsuccessful, you can then go on to file a formal complaint with your agency. This formal complaint includes an investigation into the claims in the complaint, and involves the giving of sworn testimony to an investigator. At the end of this formal stage, you will get a Report of Investigation (ROI) and a notice of a right to request an EEOC hearing or Final Agency Decision (FAD). Once you file for a hearing, the case will move out of your agency and into the jurisdiction of the EEOC and an administrative judge (AJ). The AJ will, among other things, set a date for a hearing. Sometimes, your attorney can draft a special pleading which may result in winning your case without even going to a hearing. At other times, your attorney will negotiate a settlement with your employer to resolve the case.  If neither of these outcomes occurs, your case will go to a hearing. There, an EEOC administrative judge will hear evidence from you and your employer to decide whether you suffered discrimination. If you are successful at the hearing, the EEOC judge may choose to award you compensatory damages and other relief. Even if you are not successful at your hearing, however, you can petition the EEOC’s Office of Federal Operations (OFO) with a request for appeal. This request for appeal essentially asks a panel of judges to give your case a second review and overturn a negative decision. It is generally filed if you suspect that the judge improperly evaluated the facts of the case or the law. If the OFO appeal is unsuccessful, you may be able to appeal your case further.  Do You Need a Lawyer Who Is Familiar with the EEOC and Discrimination Cases? Now that you know more about the process of filing a charge of discrimination, you can begin your search for a qualified federal-sector EEOC attorney. Keep in mind that not all attorneys are the same. Some are experienced and others are fresh out of law school. Even many experienced attorneys may not understand or be very familiar with the EEOC and federal employment discrimination. Consequently, you need to pick a law firm which has practiced many times in front of the EEOC.  At the Law Office of Aaron D. Wersing,  PLLC., we focus exclusively on representing federal employees and helping them stand up for their rights. We have represented and won countless cases of discrimination for our clients over the years so contact us. You have nothing to lose by reaching out and letting us review your case. Let us fight for you today! FAQs How Do You File an EEOC Complaint? If you are a federal employee, ex-federal employee, or an applicant for federal employment, you can file a federal sector complaint with the EEOC. The first step in this process is to contact an EEO counselor. The counselor will then set up an intake interview where you will discuss your claim with them in more detail.  At the very least, you need to have the following information for your claim: It is critical to remember you only have 45 days after the date of discrimination to contact an EEO counselor. If you wait past that time, your complaint will probably be dismissed for being untimely, unless your claim is a continuing...

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Apr 29, 2021 | By Aaron D. Wersing | 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. 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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Jan 29, 2021 | By Aaron D. Wersing | Read Time: 5 minutes | Wrongful Termination

Can a Federal Employee Sue The Federal Government?

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. 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 be possible to avoid a hearing altogether. After the hearing, the ALJ will review the evidence and issue a decision. If you “win” at the hearing, the ALJ may award relief including back pay, reinstatement, and attorney fees. Similar to a claim with the EEOC, if the ALJ’s final decision is not in your favor,...

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