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. 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.

Sep 13, 2024 | 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,...

Aug 15, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Bullying In The Workplace Under Federal Law

If you have suffered bullying in the workplace, you might be able to receive relief under federal law if the bullying has certain characteristics. As a federal employee, you can maintain legal action for bullying if that bullying also qualifies as harassment under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If you are unsure if bullying at work is actionable, don’t resign yourself to the stress and fear, contact an experienced workplace bullying lawyer immediately for help. You do not have to tolerate working in a hostile work environment, let alone any workplace bullying. Is Workplace Bullying Illegal? It depends. Federal laws on workplace bullying are really laws against harassment. Employment bullying qualifies as illegal harassment if it’s a condition to continue your employment or it’s severe and pervasive enough for a reasonable person to consider it hostile. Bullying cannot be illegal harassment unless it’s unwelcome conduct motivated by one of the following factors: Your employer can be guilty of harassing you for being a member of a protected group mentioned above or for perceiving you to be a member of a protected group. Your employer can be liable for harassment committed by a supervisor, one of their agents, a co-worker, or a non-employee. You also don’t have to be the person harassed to maintain a legal action. If harassment of another person affects you, you could have a claim. Can You Sue For Workplace Bullying? You may be wondering, can you sue for workplace bullying? Yes. Legal action against workplace bullying is available to you if the bullying fits the definition of harassment under federal law. However, federal employees can bring workplace bullying lawsuits only after they have followed the steps to make an administrative complaint with the federal Equal Employment Opportunity (EEO) office. What Is the Procedure for Filing Workplace Bullying Complaints and Workplace Bullying Lawsuits? There are many steps on the way to filing a lawsuit against your employer for harassment. Suing for workplace bullying can be a complicated process, and a lawyer for workplace bullying can help you fulfill every step. 1. Filing a Workplace Bullying Complaint If you are a federal employee, bullying in the workplace law requires that you first reach out to an EEO counselor at your employer’s agency within 45 days of suffering harassment. You can either take part in counseling or alternative dispute resolution (ADR). If ADR or counseling doesn’t solve the problem, you can file a formal complaint with your agency’s EEO office. You have 15 days after receiving an EEO counselor’s filing notice to file a complaint. The agency can either dismiss your complaint for procedural reasons, or conduct an investigation. The agency has 180 days to investigate. After investigating, the agency gives you a notice about asking for a hearing or issuing a decision about whether there was discrimination. If you want a hearing, it is held before an administrative law judge. You have 30 days from the agency’s hearing notice to file for a hearing. You can request a hearing in writing or online. After the judge makes a decision, the agency gets 40 days to decide if they are going to grant you relief that the judge orders. This decision is called a final order. If you don’t agree with the final order, you can request an appeal within 30 days. You can also ask for reconsideration of the appeal decision within 30 days. If you follow the procedure correctly, you have many chances to get justice against harassment. An experienced attorney for workplace bullying can preserve your rights at every level of the process. How To File A Workplace Bullying Lawsuit Once you have been through the administrative complaint and appeals process, you can file a bullying-at-work lawsuit. There are a number of different times when you can file a lawsuit, depending on the situation. To file a lawsuit against your employer for violating laws against workplace bullying, you have to follow these timelines: A workplace bullying attorney can determine if the time is right for you to file a lawsuit and champion your rights to a safe workplace in court. If you are curious about workplace anti-bullying laws by state, many of them are similar to the federal laws (though deadlines and procedures vary). But you must follow the federal procedures above if you are a federal employee. Contact Our Federal Employment Attorneys for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck, and you should not have to work in a hostile work environment. The workplace bullying lawyers at the Federal Employment Law Firm of Aaron D Wersing PLLC are experienced in federal employment law and dedicated to protecting federal employees’ rights. Contact us online or call us at 866-508-2158 for the guidance and protection you need.

Aug 8, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Examples of Military Discrimination in the Federal Workplace

Veterans deserve our utmost respect and gratitude for their sacrifices to protect our country. Unfortunately, stereotypes and prejudicial assumptions about servicemembers do exist, even among federal civilian employers. When veterans face targeted mistreatment in the workplace, it’s not just unacceptable—it’s illegal under federal law. This blog will cover what veterans should know about military discrimination in the federal workplace. We’ll discuss the laws that protect service members in the federal workplace and cover examples of veteran discrimination to watch out for. Protections for Veterans in the Federal Workplace Federal law grants military veterans a number of rights and protections when they return to civilian life. Let’s look at some of these protections specifically offered to veterans seeking federal civilian employment or reemployment. Uniformed Services Employment and Reemployment Rights Act This federal law is the foundation of the protections against veteran workplace discrimination. The Uniformed Services Employment and Reemployment Rights Act (USERRA) bans all public and private civilian employers from discriminating based on an employee or job candidate’s past, present, or future military service. This means that it’s illegal to consider someone’s military service when it comes to employment decisions such as hiring, firing, promoting, extending benefits, and more. Under USERRA, certain service members can also receive other employment benefits. For example, if an eligible veteran leaves civilian employment to perform military service, they have the right to be promptly reemployed in their prior position when they return. Americans with Disabilities Act and Rehabilitation Act Many veterans also enjoy protections under the Americans with Disabilities Act (ADA). The ADA prohibits employers from discriminating against qualified employees with a physical or mental disability. This includes discrimination against veterans with PTSD or other psychological impairments acquired through military service or otherwise. Although the ADA enforces these protections in the private sector, the Rehabilitation Act applies the same standards and rights to employees with disabilities in the public sector. It’s important to note that the ADA definition of disability is different from the standards used by the VA to assign disability ratings for service-connected medical conditions. Under the ADA, a disability is a mental or physical impairment that prevents someone from performing one or more “major life activities,” including: Veterans with medical conditions that interfere with these or other major life activities are entitled to reasonable accommodations from an employer. Reasonable accommodations can include a variety of alterations to the work environment that allow the veteran to fulfill their job duties despite their physical or mental limitations. Employers who refuse to consider requests for disability accommodations or retaliate against you for making such requests are violating federal law. What Does Military Discrimination in the Workplace Look Like? Employment discrimination against military service members can take many forms. Some examples of veteran discrimination at work include: This is not an exhaustive list. Keep in mind that some discriminatory behaviors can be subtle and easy to overlook as part of regular workplace conflict. If you’re unsure whether you’re facing targeted mistreatment, it’s best to consult with an employment lawyer. Can a Protected Veteran Be Fired? If you’re an eligible service member, USERRA may prohibit your employer from firing you without cause for a period after you return to civilian work. This doesn’t mean that you can’t be terminated at all. It just means your employer must have a valid, business-related reason for dismissing you. Under USERRA, protected veterans who served for more than 180 days can’t be fired without cause for up to one year after their reemployment. For veterans who performed for between 30 and 180 days of service, this protection extends up to six months after you return to civilian work. Defending the Rights of Veterans in Public Service Targeted mistreatment of military service members in the workplace is just as illegal as discrimination due to sex, race, or religion. If you suspect that the mistreatment you face at work is motivated by your veteran status, contact an employment lawyer immediately. At the Federal Employment Law Firm of Aaron D Wersing PLLC, we’re proud to represent those who have served our country. Our attorneys know federal employment law and veteran discrimination protections inside and out, and we’re prepared to help you understand and exercise your legal rights. With years of experience advocating for federal employees, our legal team has the skill, integrity, and dedicated support to help you get the justice you deserve. Contact our office by phone or online to learn more and schedule a consultation.

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

Federal Efforts to Promote Equal Pay for Federal Employees

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

Jan 23, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Parental Status Discrimination in the Federal Government

Parental discrimination in the workplace is less common than most other forms of discrimination. It was only definitively banned in 2000 when then-President Bill Clinton signed Executive Order 13152. Despite that ban, parental status discrimination continues to occur. Moreover, parental status discrimination also frequently comes with pregnancy discrimination—so it’s prudent to educate yourself on its definition. You should also review at least one parental status discrimination example so you have an idea of what it looks like in the real world. As federal employment attorneys, one of our primary goals is to educate federal employees about potential infringements on their rights. We’ll begin this article by reviewing the federal definition of parental status discrimination. We’ll then go through examples of parental status discrimination and discuss when it is wise to obtain legal assistance. If you have additional questions about parental status discrimination after reading this article, contact us today. What Is the Definition of Parental Status Discrimination? Executive Order 13152 defines “status as a parent” to refer to anyone who is a parent of a minor or an adult who has a mental or physical disability. The word parent refers to: It also includes anyone who is trying to obtain custody or adopt a child or disabled adult. On the other hand, the word “discrimination” refers to any negative treatment of a federal employee based on such status. This can include: Finally, discrimination includes acts that can contribute to a hostile work environment, like slurs, inappropriate jokes, threats of violence, and lewd comments. Discrimination can be overt or subtle. In either case, it undermines the fundamental principle of equality by imposing disadvantages on certain groups because of their personal characteristics rather than their job performance. Parental Status Discrimination Example John, a dedicated federal employee at the U.S. Environmental Protection Agency (EPA), has worked there for seven years. He is known for his hard work and has consistently received positive performance reviews. John and his wife recently adopted two young children. To balance his work and new family responsibilities, John requested a flexible work schedule, a benefit that his agency offers to all employees. John’s immediate supervisor, Susan, approved his request initially. However, John noticed a significant change in how Susan treated him compared to his colleagues over the following months. Despite John’s continued high performance, he realized his supervisor was leaving him out of important project meetings. Also, he discovered his chain of command was no longer considering him for roles on high-profile projects that were crucial for his career advancement. Instead, John’s management began offering these roles to co-workers who were not parents or whose children were older. Just last week, John experienced two troubling incidents with Susan. On Monday, Susan casually remarked that John might be “too busy with the kids” to take on additional responsibilities during a department meeting. On Thursday, Susan passed over John for a team lead position on a high-profile project. When John inquired about this, Susan mentioned that he already had enough on his plate with his family. Should I Obtain Legal Help? The behavior in this parental status discrimination example is just one of countless possible scenarios involving that kind of behavior. If you think you or a loved one are receiving different treatment because of your parental status, there are several signs you should obtain legal counsel: Even if you’re not sure whether you’re experiencing parental status discrimination, it’s better to err on the side of caution. Consulting an attorney can help you prevent the situation from escalating further. Let Us Help You Find Your Path Forward Dealing with parental status discrimination is generally a bewildering and unexpected ordeal. But remember, you can hire a powerful advocate to help you surmount this situation. Having a skilled attorney can be a game-changer in defending your rights and saving your career. Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, our focus is solely on federal employment law. That means we’re deeply familiar with relatively obscure types of discrimination, including parental status discrimination. When you set up an appointment with us, we can assess whether your employer is discriminating against you and provide you with an overview of your legal options. Don’t hesitate to reach out. Give us a call today or contact us online to arrange a free initial consultation.

Nov 23, 2023 | 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. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination. Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs. The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable. Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or national origin, age, and disability. Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview. This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination. Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing. Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO). 6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be. The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529.

Nov 21, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Understanding Religious Discrimination in the Federal Workplace

Religious freedom is one of the greatest liberties in American society. Thanks to the First Amendment and the Civil Rights Act of 1964, Americans may practice their religious belief (or non-belief) without fear of religious discrimination in the workplace. Consequently, if you think you are experiencing religious discrimination, you should contact a federal employment attorney right away. What Is Religious Discrimination? Most Americans understand that religious discrimination is prohibited by law. Not as many understand religious discrimination’s exact definition as it applies to the federal workplace. Put simply, religious discrimination is any negative treatment of an employee or applicant because of that employee’s religion. In the workplace, religious discrimination is legally prohibited across all facets of employment. This encompasses hiring, firing, compensation, job assignments, and the classification of employees. Additionally, harassment based on an individual’s religion is strictly forbidden. The prohibition against religious discrimination is very broad. In fact, religious discrimination law protects not only adherents of major global religions like Christianity, Judaism, and Islam. It also shields those who follow little-known faiths and all those who have any kind of sincerely held religious or moral beliefs. This means that atheists and agnostics are also protected against religious discrimination in the workplace. Title VII of the Civil Rights Act of 1964 forbids religious discrimination in any and all aspects of employment. This includes things like hiring, firing, compensation, promotions, training, work schedule, and job assignments. The definition of religious discrimination includes harassment as well. Religious harassment refers to several different offensive behaviors aimed at someone because of their religion, including: However, any demeaning behavior that creates an objectively hostile or offensive work environment constitutes harassment. On the other hand, simple teasing and isolated incidents do not usually constitute illegal harassment. Unfortunately, there are situations where it can be difficult to tell if you are experiencing harassment. A knowledgeable federal employment attorney can help you make sense of your situation and move forward. Examples of Religious Discrimination in the Workplace Religious discrimination is distressingly common. According to a 2019 Pew Research study, over 80% of Americans believe that members of at least one religion experience religious discrimination. Specifically, 82% of Americans said that Muslims experienced at least some religious discrimination, and 50% believed that Evangelical Christians were the target of at least some religious discrimination. Yet what does religious discrimination actually look like? Here are a few examples of religious discrimination and harassment in the workplace: These are just a few examples. A qualified federal labor law attorney can help you understand if your situation constitutes religious discrimination or harassment. Looking to Learn More About Religious Discrimination in the Workplace? Religious discrimination is no joke. It can cause isolation, depression, and burnout. It can be easy to feel defeated when you’re subjected to religious discrimination every day. But there’s good news. You have rights. At the Federal Employment Law Office of Aaron D. Wersing, PLLC, our passion is helping federal employees stand up for their rights. We believe that no employee should have to deal with religious discrimination. Unlike many other firms, we focus exclusively on helping federal employees, which means we know what we’re doing. Together, we can help you fight back against the discriminatory actors in your work environment. We can also help you receive just compensation for the losses you’ve experienced because of religious discrimination. People are often reluctant to hire an attorney because they are anxious about money. We understand that, and we don’t want money to keep you from reaching out to us. There’s nothing to lose by giving us a call today at (866)612-5956 or contacting us online. Don’t wait. Let us help you!

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

Filing an EEOC Complaint of Racial Discrimination

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

Oct 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Pregnancy Discrimination Overview for Federal Employees

Treating a woman unfavorably because of pregnancy and childbirth has been against the law for decades. However, there are between 2,000 and 4,000 pregnancy discrimination claims annually in the federal workplace. While pregnancy discrimination may seem explanatory to some, it’s wise to educate yourself on what it is. Education is important if you or a loved one are facing pregnancy discrimination in the workplace. As dedicated federal employment attorneys, it is our honor and passion to educate workers on every aspect of their rights. Read on to learn more about pregnancy discrimination in the workplace. We’ll cover the definition of pregnancy and relate the laws that protect pregnant women. Then, we’ll unpack how you can fight pregnancy discrimination. If you still have questions about pregnancy discrimination or wish to consult an attorney, contact us right away. What Is Pregnancy Discrimination? According to the EEOC, pregnancy discrimination occurs when employers treat women unfavorably because of pregnancy or childbirth. Pregnancy discrimination may also happen because of a pregnancy-related physical or mental disability, such as postpartum depression. The prohibition against discrimination extends to every aspect of employment. So, it’s discrimination if an employee faces negative consequences like termination or demotion because she’s pregnant or given birth. It’s also illegal for an agency to alter a pregnant woman’s work schedule, transfer her, or exclude her from meetings. What Laws Prohibit Pregnancy Discrimination? Several laws interface together to prohibit pregnancy-based discrimination and harassment. These include: Pregnancy rights recently took a great leap forward with the passage of the Federal Employee Paid Leave Act (FEPLA). FEPLA grants new mothers and fathers up to 12 weeks of paid parental leave. Collectively, these laws give substantial rights to employees. And employers must always respect those rights. How to Respond to Pregnancy Discrimination Facing pregnancy discrimination at work? It’s tough, but here’s a step-by-step on how to handle it: Finally, take care of yourself. Pregnancy discrimination takes a toll. It’s essential to seek support, whether through friends or family. Your well-being is crucial. Defend Your Rights by Contacting Us Today Nobody ever imagines themselves having to deal with pregnancy discrimination. Therefore, it can be confusing and difficult to respond to. However, you’re not alone. A qualified attorney can partner with you to defend your rights and hold bad actors accountable. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we specialize exclusively in federal employment law. That means we’ve seen all kinds of discrimination cases, including pregnancy discrimination. On top of that, we’re passionate about defending federal employees against illegal workplace discrimination. So, let’s work together to make federal workplaces free from pregnancy discrimination. Call us today or contact us online to set up a free initial consultation.