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

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

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

Jul 14, 2025 | By Federal Employment Law Firm | Read Time: 7 minutes | Federal Employment Law

Breaking Down Employment Discrimination: Legal Solutions and Protections

Employment discrimination is not just a legal issue. It’s a deeply personal struggle affecting countless federal employees nationwide. Just imagine that you’ve dedicated years to your job, only to find that your hard work and dedication are overshadowed by bias against your race, gender, age, or disability. It’s disheartening, infuriating, and downright unfair. Unfortunately, workplace discrimination can take many forms and happens in every industry. In 2021 alone, the U.S. Equal Employment Opportunity Commission (EEOC) reported over 61,000 charges of workplace discrimination filed under federal law. This statistic highlights the prevalence of these issues and underscores the importance of knowing your rights as an employee. Understanding employment discrimination isn’t just about recognizing the problem; it’s also about knowing that there are paths to justice and support that you can pursue. The Legal Landscape Navigating the legal landscape can be overwhelming and confusing, which is why getting an employment discrimination lawyer is important. An employment discrimination lawyer can guide you through the complexities of filing complaints and pursuing lawsuits against unfair treatment at work. Whether it’s racial discrimination, legal assistance, or guidance on how to prove disability discrimination. You don’t have to deal with these challenges alone. The Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) are laws designed to protect employees from workplace bias under Title VII of the Civil Rights Act. Each of these statutes offers specific protections tailored to various forms of discrimination. Taking Action If you believe you’ve been a victim of employment discrimination, taking action sooner rather than later is crucial. Here are some steps you can take: Your voice matters in this fight against workplace inequality. By standing up for your rights and seeking job discrimination legal help when necessary, you’re not only advocating for yourself but also paving the way for others facing similar struggles. Understanding Employment Discrimination Employment discrimination occurs when a qualified employee or applicant is treated unfairly. This prejudice might be because of their race, color, religion, sex, ethnicity, age, disability, or genetic information. This bias can manifest in various ways, ranging from hiring and firing practices to promotions and pay discrepancies. The reality is that discrimination happens anywhere. Forms of Employment Discrimination Discrimination isn’t always obvious. Sometimes it lurks beneath the surface in more subtle forms, such as: The Importance of Legal Protections The legal framework protecting employees is robust but often underutilized. Federal laws like Title VII ensure that no one should endure employment discrimination based on personal attributes, which they have no control over. If you find yourself facing discrimination in your workplace, consulting with a seasoned employment rights lawyer is crucial. They can provide guidance tailored to your unique situation and advocate for your cause during the legal process. Pursuing action against employment discrimination isn’t just about seeking compensation; it’s also about paving the way for a more equitable work environment for everyone. By taking steps to address workplace bias, you’re participating in a broader movement towards fairness and dignity in the workforce. Your Next Steps If you’re grappling with issues surrounding employment discrimination, here are key actions you should consider: Your voice matters. Addressing employment discrimination not only benefits you but also contributes to creating an inclusive future where everyone has an equal chance to succeed in their careers. Legal Frameworks Protecting Against Discrimination The legal frameworks are designed to protect employees from any type of discrimination in the workplace. They serve as shields against the injustices that can arise from biased practices, ensuring that every employee has the right to be treated with dignity and respect. But what exactly do these frameworks entail, and how can they help you if you find yourself facing employment discrimination? Key Federal Laws Several laws enact protections against discrimination in the workplace, including but not limited to the following: State Laws and Local Ordinances Beyond federal protections, many states have enacted additional laws that bolster employees’ rights. These can include broader definitions of protected classes or stricter penalties for violations. For instance: Your Rights in Action Knowing and understanding your rights is crucial during any form of discrimination. Here’s how these laws can empower you to protect your rights: The Importance of Seeking Legal Help A skilled workplace discrimination attorney, equipped with knowledge about complex legal frameworks and procedures, will be invaluable in ensuring your rights are upheld. They can help clarify what constitutes unlawful behavior under current laws and guide you through processes like filing EEOC complaints or pursuing litigation if necessary. The Role of an Employment Discrimination Lawyer When facing the daunting reality of employment discrimination, the support of an employment discrimination lawyer can be your lifeline. They will be there to offer legal advice, discuss the right course of action, and even be there to defend your cause. Expert Guidance in Complicated Terrain An experienced attorney not only understands these complexities but also knows which strategies will be most effective for your specific situation. From initiating a complaint with the Equal Employment Opportunity Commission (EEOC) to navigating state-specific laws, a workplace discrimination attorney stands at the forefront of your defense. Pursuing Justice: Advocating for Change Your case isn’t just about individual grievances; it can set a precedent for future employees facing similar oppression. An anti-discrimination lawyer serves as an advocate not only for you but also for systemic change within organizations. When they take on cases, they shine a spotlight on discriminatory practices that may otherwise go unreported. “Justice delayed is justice denied.” – William Ewart Gladstone This principle resonates deeply within the realm of employment discrimination. With their expertise, lawyers push back against unjust treatment while advocating for change that benefits everyone. As a result, it ensures workplaces evolve into more equitable environments. A Tailored Approach to Legal Representation No two cases are alike. Thus, an effective employment discrimination lawyer tailors their approach based on individual circumstances: The Power of Experience The experience an employment rights lawyer brings to the table is invaluable, especially when it comes to understanding how...

May 28, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

The Unfair Truth: Passed Over for Promotion by Less Qualified Employees

When you’re expecting a promotion and have been passed over for promotion by less qualified candidate, it can be frustrating. You may be wondering why you were passed over in favor of someone else, especially if they aren’t as qualified as you are. If you ask your boss and don’t get a satisfactory answer, there may be a reason. Unfortunately, discrimination in the federal workplace is not a new problem. Being passed over for a promotion in favor of a less-qualified candidate is not uncommon either. If you suspect you’re the victim of workplace discrimination, you need to contact a skilled federal employment lawyer right away. Feeling frustrated after being overlooked for a promotion in favor of a colleague who appears less qualified is understandable. However, it’s important to respond with professionalism and maintain an objective perspective. Passed Over for Promotion Discrimination Federal employers can choose to hire and promote someone for numerous legitimate reasons. However, the law prohibits employers from passing on an employee if their motives are rooted in certain types of discrimination. Actions that are even somewhat discriminatory are unlawful. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any facet of employment, including hiring, termination, referral, promotion, etc. The Equal Employment Opportunity Commission (EEOC) is the agency that enforces these laws. Employers cannot refuse to promote or hire someone because of: Proving discrimination is not necessarily easy, but it’s not impossible. If you believe you were discriminated against, you have the right to take legal action against your federal agency. To better understand what workplace discrimination looks like, here are several other examples: If you are considering pursuing a formal complaint about your missed promotion, you need to act quickly. You don’t have a lot of time to initiate your EEO complaint. What to Do When You Are Passed Over for a Promotion? Employees who have experienced discrimination in their workplace have legal rights. You should start by asking the hiring manager or your boss to explain why you were not promoted. If they don’t give you a straight answer or your gut tells you there is something they are leaving out, consider digging deeper. This is an excellent time to contact an experienced federal employee lawyer. At the Law Office of Aaron D. Wersing, we focus on legal issues affecting federal employees. We have years of experience representing clients in workplace harassment and discrimination claims. There is no harm in contacting us to discuss your situation. We can evaluate your case and let you know what the best course of legal action is. Depending on the circumstances, your attorney may suggest you make a complaint about the alleged discrimination. This is when you want to pay close attention to conversations in your office. Look for patterns of discrimination. Some incidents may not be overt. Gather any text messages, emails, or other documents you have that could point to discrimination in the workplace. Understandably, you might be concerned about retaliation after reporting that you were passed over for a promotion by a less-qualified candidate. While illegal, retaliation does occur in workplaces, including federal agencies. If you reported discrimination or harassment and adverse employment action has been taken against you, it’s time to contact our office. Filing an EEOC Claim as a Federal Employee If you are considering filing a EEO complaint of discrimination against your agency, the process is unique for federal employees. Your first step is to speak with an EEO counselor at the agency where you work. Typically, you have only 45 days from the date of discrimination to contact them. You can then elect to process your case through traditional EEO counseling or an alternative dispute resolution (ADR) program. A qualified federal employment attorney can advise you as to which route to take in your specific case. In the event your dispute doesn’t resolve through one of these two methods, you have up to 15 days to file a formal complaint with your agency’s EEO office, which leads to a fact-finding investigation. Once they have completed this investigation, you have the choice to have the agency issue their decision through a final agency decision (FAD) or request a hearing before an EEOC administrative law judge. Depending on the outcome, you may later need to appeal by filing a civil action in federal court. Contact Our Federal Employee Lawyer Today When you’re dealing with being passed over for a promotion discrimination by a less qualified candidate, we can help you. If there is discrimination happening in your federal workplace, it’s probably not an isolated incident. Employers cannot discriminate against employees, nor can they retaliate if an employee reports an incident. To learn more about your legal options after being discriminated against, contact the Law Office of Aaron D. Wersing today.

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

Overview of Federal EEOC Complaint Process

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

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

Can You Sue for ADA Violations in the Federal Workplace?

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

Mar 17, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Reverse Discrimination in the Workplace—What You Should Know

We all know that discrimination in the workplace is unacceptable, and we all know that no federal employee should have to put up with it. However, not everyone knows that all kinds of discrimination are illegal. When most people imagine a discriminatory situation, they imagine racial minorities as the victims of racial “majorities.” They may be more accepting of discrimination when it operates in “reverse.” However, so-called reverse race discrimination is equally wrong and just as illegal as “regular” discrimination. At this point, you might be asking yourself, What is reverse discrimination? In this article, we will discuss reverse discrimination definition and the situations which best describe reverse discrimination in the workplace. If you think that you are the victim of reverse race discrimination, contact a workplace discrimination lawyer right away. Our firm proudly offers services to federal employees nationwide. What Is Reverse Discrimination? The term “reverse race discrimination” is sometimes considered controversial, and its definition can be challenging to explain. Reverse discrimination occurs when members of a dominant group face bias in favor of minority or disadvantaged groups. Reverse discrimination based on race or ethnicity is known as reverse racism. The idea of “reverse racism” focuses on prejudiced attitudes or discrimination against certain racial groups but overlooks a central aspect of racism: power. Racism is defined as “prejudice plus institutional power,” highlighting systemic inequities. The simplest definition is this – reverse discrimination occurs when majority groups, such as white men, face unfavorable workplace decisions due to their race or gender. Reverse race discrimination, for example, occurs in situations where historic racial minorities (like blacks or Hispanics) discriminate against white Americans based on their skin color. “Reverse” racism describes discrimination against majority racial groups by minority or historically oppressed groups. The fact that the target of discrimination belongs to a majority group does not exclude them from the protection of workplace discrimination laws. Discrimination is discrimination. It does not matter whether the victim is white, black, Christian, Muslim, handicapped, or able-bodied. Workplace discrimination lawyers know that discrimination laws apply to all groups, and can help any victim of any form of discrimination. Which of the Following Is an Example of Reverse Discrimination? Let’s consider a few examples of discrimination to understand which of the following situations constitute reverse discrimination: Which of the following is an example of reverse discrimination in America? If you guessed the first two scenarios, you’d be correct. The first scenario was reverse race discrimination because a black man, a member of a racial minority, was discriminating against a white man based on race. Similarly, the second scenario also constituted reverse discrimination. Sex-based discrimination has historically targeted women, so reverse discrimination occurred because a woman was making condescending sex-based comments to a man. However, the third scenario was not reverse discrimination because Christianity is a majority religion in the United States. So while the Christian in that scenario was harassing and potentially discriminating against their Hindu coworker, that would constitute normal discrimination of a minority. What Should I Do If I Am the Victim of Reverse Discrimination? Discrimination remains the same regardless of the victim’s race, gender, or religion. If you are experiencing reverse discrimination, consider taking the following actions: After you have taken these first steps, you need to consider hiring an attorney who handles cases of discrimination at work. Hiring an attorney for employment discrimination can help to resolve the reverse discrimination problem quickly. Furthermore, employment discrimination attorneys are familiar with all kinds of discrimination and can evaluate your case to see if you are eligible to obtain compensation. Finally, if you file a complaint against your agency, a federal employment workplace discrimination lawyer can help your case by collecting evidence, obtaining witnesses, and conducting settlement negotiations. Do You Need a Workplace Discrimination Attorney? Employment discrimination is always wrong, including reverse discrimination. Now that you know reverse discrimination’s definition, you will know when to contact an employment discrimination attorney. If you are currently experiencing such discrimination, you need an employment discrimination attorney right away. However, not all attorneys are of the same quality. Therefore, it is critical that you hire an attorney that has experience with your kind of case and is familiar with the unique features of the federal workplace. Contact Our Federal Employment Attorney To Discuss Your Case Today Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, we are dedicated to helping federal employees stand up for their rights. Over the years, our firm has helped countless federal employees with all kinds of discrimination complaints. Unlike other law firms, we are familiar with all of the dynamics of the federal workplace. We will help you stand up for your rights and hold discriminatory actors accountable. Even if you don’t know whether you need an attorney, you have nothing to lose by setting up an appointment. Contact us right away.

Feb 19, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

What Is the MSPB Discovery Process & Why Is It Important?

For federal employees, preparing your appeal to the Merit Systems Protection Board (MSPB) can feel complex and intimidating. Even though it’s your legal right to challenge unfair or unjust adverse employment actions, many employees still feel disadvantaged compared to their agencies. Fortunately, employees can access a powerful tool to help level the playing field: the MSPB discovery process. During discovery, federal workers can obtain crucial evidence that can make a significant difference in the outcome of their appeal. In this blog post, we’ll explain what federal employees should know about the discovery process in MSPB cases and how they can use it strategically to protect themselves and their careers. What Is the MSPB Discovery Process? Discovery is the legal process where both parties in a dispute exchange information before they meet in a formal hearing. It allows each side to gather and understand the evidence the other side is relying on. In MSPB appeals, discovery allows federal employees to collect documents, records, and testimony that can challenge the legitimacy of their agency’s decision. If you intend to claim that discrimination, retaliation, or procedural errors were behind your agency’s actions, discovery is vital to gathering the concrete evidence you might otherwise not have access to. What Does the MSPB Discovery Process Involve? Under MSPB discovery rules, federal employees must begin making information requests no later than 25 days after the acknowledgment order for the appeal is issued. The scope of federal discovery rules allows employees to request any information that they believe could help prove their case or detract from an agency’s claims. Here are some of the different ways that federal employees can seek information during MSPB discovery: For example, imagine a TSA officer is facing removal based on alleged misconduct. They use discovery to request emails between their supervisor and HR officials discussing the proposed termination. These emails reveal that personal bias motivated by the employee’s religious faith rather than performance issues influenced the decision. This evidence becomes key in proving that the action was unjustified and discriminatory. How to Use MSPB Discovery Effectively Many federal employees assume they already have all relevant information about their situation when they appeal to MSPB. However, this is far from the case. Although federal agencies must share some relevant information with employees when they deliver the notice of proposed action, they often withhold other documents that could be crucial for your case. Don’t assume you understand the whole picture based on your agency’s initial disclosure. Additionally, the discovery process isn’t just about building your case—it’s also about anticipating the agency’s arguments. Discovery allows you to be proactive and avoid potential claims against you. For example, if you expect the agency to claim that your termination was due to performance issues, you can use discovery to obtain all performance reviews, commendations, and evidence that supports your track record. Discovery is a complex legal process, and navigating it can be challenging for federal employees whose careers may be on the line. The best way to make the most of the discovery process is to seek qualified legal assistance. An experienced federal employment lawyer can help draft information requests, stay on top of deadlines, and prepare a strong legal strategy to increase your chances of a positive outcome. Protect Your Federal Career with Trusted Legal Guidance If you are facing an MSPB appeal, you need a legal team that understands the complexities of the discovery process and how to use it to your advantage. The Federal Employment Law Firm of Aaron D. Wersing PLLC has years of experience successfully supporting federal employees through their MSPB appeals. Our team can uncover key evidence, challenge agency defenses, and build a compelling case on your behalf. To learn more about how we can help you, contact our office today to schedule a consultation.

Feb 19, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | MSPB

MSPB and Affirmative Defenses: What You Should Know

Federal workers facing potential suspension, demotion, or removal often feel like the deck is stacked against them. Fortunately, federal law offers civil servants some key tools for challenging unfair agency actions, including the right to assert an affirmative defense before the Merit Systems Protection Board (MSPB). An affirmative defense can overturn or mitigate an agency’s disciplinary decision if successfully argued. Read on to learn more about how affirmative defenses work, MSPB’s evolving approach to handling them, and how federal employees can use them to protect their job security. What Is an Affirmative Defense? An affirmative defense is a legal argument that federal employees can use to negate a federal agency’s adverse employment action. In an MSPB affirmative defense, an employee doesn’t just argue that an agency misinterpreted facts or lacked evidence for their decision. Instead, an affirmative defense tries to show that an agency’s action violated an employee’s rights or federal law. Common affirmative defenses federal employees use when appealing to the MPSB include: Showing the MSPB that an agency engaged in misconduct in one of these acts is one of the most effective ways for federal employees to challenge and avoid career-damaging adverse actions. How Do Affirmative Defenses Work? Raising an affirmative defense is not just about making allegations—it requires evidence and legal arguments. The federal employee has the burden of proof to show that their agency’s action was improper by “a preponderance of the evidence.” Put simply, they need enough evidence to show the agency violated relevant laws and regulations. This typically involves: For example, imagine a federal employee faces removal after reporting agency fraud to a law enforcement authority. This employee might build an affirmative defense based on whistleblower retaliation with emails establishing that the adverse action happened shortly after their report and testimony from coworkers confirming the agency’s hostile response. If the employee presents enough evidence to demonstrate the agency was motivated by retaliation, they could have their removal reversed. How Has the MSPB’s Approach to Affirmative Defenses Changed? Recent decisions have altered how the MSPB evaluates affirmative defenses. In a 2022 ruling, the MPSB revised certain procedural standards that had provided some advantages to federal employees pursuing these defenses. For example, in the past, if an administrative judge made an error in ruling on a case involving an affirmative defense, the employee could automatically have their case reconsidered, even if their claim lacked substantive evidence or effort. Under the MSPB’s new guidelines, employees must make a more intentional effort to pursue affirmative defense cases. Otherwise, the MSPB has much more flexibility to dismiss a defense that doesn’t meet procedural requirements or lacks legal backing. Ultimately, federal employees must be careful and prepared when using affirmative defenses. Having the support of experienced legal counsel is essential for federal employees to ensure their case is presented correctly and given a fair chance. Dedicated Defenders of Federal Employee Rights Successfully asserting an affirmative defense before the MSPB requires deep knowledge of federal employment laws, procedural rules, and legal strategy. Fortunately, federal employees don’t have to take on the burden of building an affirmative defense alone. The Federal Employment Law Firm of Aaron D. Wersing has provided dedicated and personalized service to federal employees and their families for years. Our team has extensive experience with MSPB cases and employee affirmative defenses, from harmful procedural errors to whistleblower retaliation claims. If you are facing an adverse action, contact our office today to schedule a consultation and learn more about how we can help. Resources: 5 U.S.C. § 7701(c)(2)(A), link.

Feb 3, 2025 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Employment Law

What Is Federal Employee Sick Leave Abuse?

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Federal employee sick leave abuse is a serious issue that all federal employees should try to avoid. Sick leave abuse occurs when employees repeatedly use sick leave for non-medical or unauthorized reasons. Abuse of sick leave laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away. When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to: OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time. Common signs of OPM sick leave abuse are: If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service. What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit. Do You Need a Federal Sick Leave Abuse Attorney? Let Us Help You Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately. When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace. At the Law Office of Aaron D. Wersing, PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct. Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. Call today! You might also be interested in:

Nov 13, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Protected Classes and Federal Workplace Discrimination

The right to earn a living free of discriminatory treatment is a cornerstone of federal employment law. Since the 1960s, federal law has progressively expanded to combat unfair prejudice, intolerance, and stereotypes against various groups. Understanding these protected classes and their rights is crucial for federal employees to safeguard themselves from workplace prejudice. This blog post will explain what federal employees should know about workplace discrimination and protected classes. We’ll cover the main groups protected by federal employment law, the limits of these protections, and some forms of non-protected class discrimination. What Qualifies as a Protected Class Under Federal Employment Law? The Equal Employment Opportunity Commission (EEOC) enforces federal employment law and aims to protect specific groups of people who have historically been the targets of prejudice in the workplace. Title VII of the Civil Rights Act of 1963 (Title VII) is the primary source of these protections. However, several other federal laws govern protections for additional groups. These laws include the Age Discrimination Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act, and the Uniformed Services Employment and Reemployment Rights Act. Federal law protects applicants, employees, and former employees from discrimination based on race, color, religion, sex, national origin, age (40+), disability, or genetic information. Altogether, these federal laws recognize and protect the following protected classes from workplace discrimination: When federal employees face unfavorable treatment in the workplace because they belong to one of these groups, they may have grounds for a discrimination claim. Notably, an employee doesn’t have to be a minority within a class to receive legal protections. For example, an agency that repeatedly promotes less-qualified female employees over qualified male employees can face penalties for sex discrimination. Workplace harassment targeted at a government employee because of their actual or perceived membership in a protected class is also illegal under federal discrimination law. What Is Not a Protected Class in the Federal Workplace? Many people may face prejudice in the workplace because of their lifestyles, backgrounds, or physical traits. Unfortunately, not all of these people are protected by federal law. Federal employees don’t have legal protections from workplace discrimination based on: Generally, agencies are allowed to base employment decisions on factors like these unless one of these factors intersects with another protected characteristic. For example, an agency that chooses not to hire someone because of their facial hair or clothing could violate Title VII if these features are part of the applicant’s religious practice. Can You Have a Legal Claim for Harassment Not Based on a Protected Class? Yes. A federal employee can face illegal harassment even if they are not a protected class member. Generally, there are two situations when federal employees may have grounds for a non-protected class discrimination claim: whistleblowing and employer retaliation. Let’s walk through what each of them involves. Whistleblowing Whistleblowers are federal employees who report illegal, unethical, or unsafe conduct in the workplace, including unlawful discrimination. An employee legally “blows the whistle” when they speak to an internal authority (e.g., HR, a manager) or external enforcing agency (i.e., the EEOC) about ongoing discrimination against a protected group. Under federal law, it’s just as illegal to target a discrimination whistleblower with harassment or mistreatment as it is to engage in discrimination itself. This is the case even if the whistleblowing employee isn’t a member of the discriminated protected group. For example, consider a 25-year-old USPS employee who hears a manager calling an elderly coworker derogatory and insulting names based on her age. After the young employee reports the incident to HR, the manager starts harassing and sabotaging their work. Even though the young employee doesn’t fall into a legally protected class for age, the law still safeguards them from harassment as a whistleblower. They can file a complaint with the EEOC and may even seek compensation for their mistreatment. Employer Retaliation Retaliation happens when an agency punishes an employee for participating in certain legally protected activities. Federal laws specifically ban retaliation against employees who: Illegal retaliation can take many forms, including termination, pay cuts, demotion, and general mistreatment. Any federal employee can be the victim of employer retaliation, regardless of protected group status. If you face harassment after engaging in a protected activity, consult a federal employment lawyer as soon as possible. Aaron D. Wersing: Dedicated Defender of Government Workers No one deserves to have their opportunities to earn a living limited by prejudice and harassment. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we understand the stress and uncertainty that government workers feel when navigating potential discrimination. That’s why we’ve made it our mission to help demystify the rights and legal protections federal employees enjoy in the workplace. Attorney Aaron D. Wersing has years of experience representing federal employees in disputes involving targeted harassment, discrimination, and retaliation. He’s fought for hundreds of federal employees to get justice for their mistreatment, and he’s prepared to help you. Contact our office today to schedule a consultation and learn more.