Nov 16, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | FERS Disability

What Diseases and Injuries Are Considered Disabilities?

If you find yourself on this web page right now, you probably already know a bit about the Federal Employees Retirement System (FERS). Under the FERS retirement disability program, workers who find themselves injured or otherwise disabled receive employment security benefits if they are unable to work due to their condition. Sometimes the benefits are temporary, but sometimes they are permanent. Furthermore, the Americans With Disabilities Act (ADA) prevents employers from discriminating against employees on the basis of disability.  Some of the most common disability-related questions we get from our clients at the Federal Employment Law Firm of Aaron D Wersing have to do with what the FERS and ADA consider a disability. Those questions include things like: Is cancer considered a disability under FERS? Is cancer a disability under the ADA? Where can I find a full list of covered disabilities and injuries? If you have any of these or other related questions, you’re in the right place. We put together this page specifically to help you assess whether your injury qualifies you for disability benefits. What’s Considered a Disability? There are quite a few different medical conditions that FERS considers disabilities. In fact, there are too many to cover here. You can, however, find an exemplary list that the Social Security Administration (SSA) uses in its entirety right here. While FERS doesn’t use the exact same list, the two are very similar. After all, they both come from the federal government and serve near-identical functions. In all, the SSA’s list contains 14 categories of impairments:  Musculoskeletal disorders, Special senses and speech disorders, Respiratory disorders, Cardiovascular diseases, Digestive system disorders, Genitourinary disorders, Hematological disorders, Skin disorders, Endocrine disorders, Congenital disorders that affect multiple body systems, Neurological disorders, Mental disorders, Cancer, and Immune system disorders. This list encompasses a very broad range of different medical conditions and disabilities. At the end of the day, the most important element in qualifying for disability is demonstrating your inability to function at work as you would without the disorder. Notes on Some of the More Common Disorders in the List Injuries to hands, feet, and other extremities can qualify you for disability benefits if you are unable to work. For example, it’s possible you can get disability for plantar fasciitis, arthritis, or tendon damage. It all depends on the circumstances of the injury and your job duties.  If you injure yourself enough to warrant an amputation, chances are you qualify for disability. The federal government considers thumb amputation a disability. In fact, the federal government considers any finger amputation a disability. While losing a finger may not seem as extreme a disability as a terminal illness, losing a digit can significantly impede one’s ability to work. If you’re wondering whether cancer is a disability, the answer is a resounding yes. FERS, the SSA, and the federal government as a whole all consider cancer a disability, as does the Americans With Disabilities Act (ADA). In fact, you may have noticed that cancer warrants its own category in the SSA’s full list of medical conditions. Cancer itself, and many of the treatments associated with it, take a significant toll on patients’ bodies. As a result, working is often entirely out of the question for individuals with cancer. Excluding cancer in any form from the list of disabilities would be entirely inappropriate. Need Help with Your Disability Claim? More often than not, the most difficult part of getting disability benefits is proving that your condition is sufficient to render you unable to work in your position of record. The problem is that there is a subjective element in determining whether someone can work or not. The best thing you can do to ensure this process moves forward is with the help of a FERS disability attorney. They can help you gather evidence that proves your disability’s impact on your life. At the Federal Employment Law Firm of Aaron D Wersing, federal disability benefits are one of our primary focus areas. You have rights, so let us help you fight to protect them. Have a look at some of our client testimonials, then let’s get started with a free consultation.

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Nov 8, 2021 | By Aaron D. Wersing | Read Time: 2 minutes | FERS Disability

Is Federal Disability Retirement Income Taxable?

If you have been a federal employee and are seeking to receive disability retirement income, you might have to pay taxes on that income. This isn’t pleasant news, but the following article can help you prepare for what’s next.  Common Kinds of Federal Disability Retirement Income The first step federal employees should take to understand their tax liabilities on federal disability retirement payments is to understand what kind of federal benefits they’re receiving. Common retirement benefits a federal employee might receive include:  Social Security Disability Income (SSDI), Disability retirement income from the Federal Employees’ Retirement System (FERS), Disability retirement income from the Civil Service Retirement System (CSRS), Military Disability Retirement Pay (MDRP, and Veterans’ benefits. The Office of Personnel Management (OPM) handles many matters related to FERS and CSRS payments.  Some of the above-listed benefits are taxable, and some aren’t. For payments and benefits that are taxable, they are taxable at different levels.   Is OPM Disability Retirement Taxable at the Federal Level? OPM oversees matters regarding FERS and CSRS disability retirement payments.  Is FERS disability retirement taxable at the federal level? Some FERS disability retirement is taxable.  Individuals can receive FERS disability retirement if they have certain characteristics, including: Completion of at least 18 months of creditable Federal civilian service, A disabling condition that affects their work and is expected to last for at least a year, The inability to receive accommodations from their employer, and Status as an applicant or recipient of Social Security benefits. Recipients of a FERS disability retirement annuity do show these benefits as taxable income. Is CSRS disability retirement federally taxable? Some CSRS disability retirement is federally taxable. An eligible recipient of CSRS disability retirement must:  Have at least five years of creditable Federal civilian service to their name, Have a disability they incurred while they were employed in a job subject to CSRS and that prevents them from working that job, Have a qualifying disability expected to last a year or longer, and Have certification that their employer cannot accommodate them.  CSRS retirement disability recipients also must pay tax on their benefits.  Whether you are seeking CSRS or FERS retirement disability benefits, you have a limited amount of time to apply for them. You also have to follow specific rules to maintain them. This can be overwhelming when you are trying to handle a disability. An experienced federal employment disability lawyer can recover your benefits while you adjust to changes in your life.  Income Tax Rules from Your State Can Differ While some of your disability retirement benefits might not be federally taxable, your benefits could be subject to state income taxes.  Contact an Attorney Today to Protect What Is Yours It’s stressful to determine how much vital income you can keep when you’re receiving benefits for a debilitating condition. But you don’t have to figure this out on your own. At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we have helped hundreds of federal employees with their employment issues. We have substantial experience, and we are passionate about helping federal employees. Let us help you. Contact us online or call us at 866-508-2158 for a free consultation. 

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Nov 8, 2021 | By Aaron D. Wersing | Read Time: 2 minutes | Wrongful Termination

Constructive Discharge vs Wrongful Termination—What Is the Difference?

If you felt forced to leave your job because the environment was unbearable, the terms constructive discharge and wrongful termination may come to mind.  While both terms relate to ending employment, the main difference between wrongful termination and constructive discharge is the person who ends the employment relationship. In constructive discharge cases, the employee terminates the relationship, whereas in wrongful termination cases, the employer ends it. In this article, we will explore what is constructive discharge and how to prove you were constructively discharged. What Is Constructive Discharge? Constructive discharge occurs when an employee resigns due to intolerable working conditions. Rather than being fired, the employee voluntarily quits because they feel there is no other reasonable alternative. Here are some common examples of working conditions that may be grounds for a constructive discharge claim: Sexual harassment; Hostile work environment; Illegal discrimination based on sex, race, religion, etc.; Retaliation against an employee who filed a valid complaint; and Bullying in the workplace by co-workers or supervisors. While it’s easy to define constructive discharge, proving it can be more difficult.  How Does an Employee Prove Constructive Discharge? Quitting your job because of unfair treatment is not enough to bring a constructive discharge claim.  Rather, the employee must be able to prove the following: The working conditions were so intolerable that any reasonable person would quit; and  The employee quit because of the intolerable conditions. Intolerable work conditions can include sexual harassment, discriminatory practices, violent acts, illegal requests, and coercive or deceptive conduct. You do not have to prove that your employer intended for you to quit but only that their actions are what made you believe you had to resign and that any reasonable person would have done the same.  When an employee voluntarily leaves a job, typically they lose the right to unemployment benefits, due process through their employer, and bringing a wrongful discharge claim. This incentivizes the employer to create an intolerable environment and force the employee out rather than firing the employee.  How Long Does a Federal Employee Have to Bring a Constructive Discharge Claim? To file a constructive discharge claim with the Equal Employment Opportunity Commission (EEOC), federal employees have 45 days from the date the employee resigns, not the date of the last intolerable act or acts. There are different deadlines if you are bringing your claim through the Merit Systems Protection Board (MSPB), generally 30 days from the date of resignation.  To ensure you do not miss the filing deadline or lose the opportunity to protect your rights, consult with an experienced federal employment lawyer as soon as possible.  Contact the Law Office of Aaron D. Wersing Our attorneys will evaluate the events surrounding your employment resignation to determine whether you can bring a constructive discharge claim against your employer. We dedicate our practice to protecting the rights of federal employees. Let us fight for you. Contact us today for a free consultation by calling 866-690-8076 or filling out our contact form online.

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Oct 7, 2021 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Employment Law

What is Federal Sick Leave Abuse

Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Abuse of sick leave in the federal workplace is a serious issue that all federal employees should try to avoid. Sick leave abuse 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:  Attend to their own personal medical needs; Care for a family member with a serious health condition; Attend a funeral for a family member; or Carry out adoption-related activities.  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 sick leave abuse are: Taking sick leave on a regular, periodic basis (like every other Friday); Taking excessive amounts of sick leave; and Providing little or no evidence supporting their alleged reason for taking sick leave. 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? 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. All initial consultations are free, so don’t take any chances with your career. Contact us today.

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Oct 7, 2021 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Employment Law

Using CBD Oil as a Federal Employee – Is it Legal?

Cannabidiol (CBD) oil is an increasingly popular product in the United States. People use CBD oil as a remedy for many mental and physical conditions. Others use CBD oil as a health supplement and as an ingredient in many food products. CBD oil can come from a part of the cannabis plant, the use of which is still illegal under federal law. Since 2016, there have been changes in the legality of CBD oil, and the current policy is evolving and complicated. Subsequently, many people are wondering: Can federal employees use CBD oil? The answer is that it depends. Specifically, it depends on the source of CBD oil and whether it contains psychoactive compounds. If your federal agency is trying to discipline you for using CBD oil, you need to contact a federal employment lawyer immediately.  Is CBD Oil Legal for Federal Employees? Before we dive into this issue, it’s critical to understand a few basic premises and definitions. Marijuana is a psychoactive drug that currently remains illegal under the federal Controlled Substances Act (CSA), and it is a product of the cannabis plant.  Another name for the cannabis plant is hemp.  However, under recent federal law, there is a critical difference between hemp and marijuana. While both hemp and marijuana traditionally referred to the same plant species (cannabis), the Agriculture Improvement Act of 2018 (Farm Bill) re-defined hemp as any cannabis plant that contains 0.3 % or less of the psychoactive substance Tetrahydrocannabinol (THC). THC is the main active ingredient in marijuana. Marijuana, on the other hand, refers to a cannabis plant that contains over 0.3% of THC. While the Farm Bill made hemp legal in 2018, marijuana is still illegal.  CBD oil can come from both hemp and marijuana plants. Because federal law still prohibits marijuana, CBD oil from marijuana is illegal for federal employees to use. However, hemp-based CBD oil is not illegal for federal employees to use.  So, Can Federal Employees Use CBD Oil from Hemp? Technically, yes. Yet federal employees still need to be cautious about using hemp-based CBD oil. Although hemp contains virtually no THC, there may still be enough to result in a positive drug test. On top of that, many hemp products are not well regulated. This means you may unwittingly purchase CBD oil that is partially sourced from marijuana.  This has major implications if you are a federal employee in a testing-designated position (TDP). You could face discipline if you test positive for THC, even if it is an accidental result of using CBD oil. Just in 2019, for example, a federal agent for the Department of Homeland Security lost his job after testing positive for THC because he regularly used CBD oil for back pain.   Want to Learn More About Whether Federal Employees Can Use CBD Oil Or Not? Even if you are using hemp-based CBD oil, you can test positive for THC. And testing positive for THC can end your federal career and turn your life upside down.  If your federal agency is trying to fire you for testing positive for THC or for using CBD oil, you need to consult a federal employment attorney right away. At the Law Office of Aaron D. Wersing,  PLLC., we are committed to protecting the rights of federal employees. We’ve helped hundreds of federal workers employees over the years with a wide variety of federal employment problems. Don’t risk your career by going unrepresented. Contact us today for a free initial consultation.

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Sep 10, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What Is Bullying 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 a 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. Is Workplace Bullying Illegal? It depends. Federal work bullying laws 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: Race, Color, Religion, Sex, Sexual orientation, Gender identity, Pregnancy,  Age (if you are 40 or older), Disability, Genetic information, Family history, or Medical history. 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 I 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. 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.  Filing 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: You can file after 180 days have passed since filing your complaint, if there hasn’t been an agency decision or appeal; You must file within 90 days of receiving an agency decision on your complaint, if there hasn’t been an appeal; You can file after 180 days have passed since filing your appeal, if there hasn’t been an appeal decision; or You must file within 90 days of receiving an appeal decision. 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 an Attorney for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck. 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.

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Sep 10, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

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’s definition and the situations which best describe reverse discrimination.  If you think that you are the victim of reverse race discrimination, contact a workplace discrimination lawyer right away.  What Is Reverse Discrimination? The definition of reverse race discrimination can be difficult to describe, and the term itself is controversial in some circles. The simplest definition is this—reverse discrimination occurs when a majority group is discriminated against by a minority group. 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.  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: An African-American boss repeatedly harasses his white subordinate because of his race, uses racial slurs, and denies him a promotion because the subordinate is “way too white for this office”;  A woman repeatedly makes derogatory sex-based comments to her male co-worker, frequently derides him as “just another stupid man,” and tells him that a woman could do his job better; A Christian employee humiliates his Hindu colleague by trying to make him eat beef and telling him that his faith “has too many Gods.” 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 is discrimination no matter what the victim’s race, gender, or religion is. If you are experiencing reverse discrimination, consider taking the following actions: Tell the offender to stop, if you feel comfortable doing so; Record your interactions with the individual; Consult a supervisor about the problem if possible; and Go speak to someone in your agency’s EEO (Equal Employment Opportunity) office. 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, whether it is reverse discrimination or not. 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.  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. All of our initial consultations are free, so contact us right away.

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Sep 10, 2021 | By Aaron D. Wersing | Read Time: 2 minutes | Federal Retirement

What to Know About Federal Medical Retirement

If you’re a federal government worker with a medical condition, you may be able to take advantage of the federal government’s medical retirement. Civil service medical retirement is possible if you are a civil servant with a disabling medical condition. However, your agency first needs to determine that it cannot accommodate or reassign you. If you are in the army national guard or the reserves, you will have to follow a different medical retirement process.  OPM’s Medical Retirement Definition and Eligibility Requirements According to the Office of Personnel Management (OPM), medical retirement (or disability retirement) is available for employees with disabling medical conditions who cannot work effectively for their agency. Specifically, employees are eligible for federal government medical retirement if: They have completed at least 18 months of creditable federal civilian service under the Federal Employee Retirement System (FERS); They have become disabled because of a medical condition, such as a disease or injury; Their disability is expected to last at least one year; Their agency is unable to effectively accommodate their disability in the employee’s current position; and The employee’s agency cannot reassign the employee to another vacant position (often because no such positions exist). An employee must also apply for Social Security disability benefits before applying for federal government medical retirement. Finally, they must apply for disability retirement within one year of separation.  Need Help with Planning Your Federal Medical Retirement? Medical retirement in the government is complicated. That’s true whether you follow OPM’s medical retirement process as a civil servant or the IDES process. On top of that, the federal government often makes mistakes. Even the smallest mistake regarding your medical condition could turn your medical disability retirement plans upside down.  For those reasons, if you are considering applying for medical retirement, your best choice is to contact a knowledgeable federal employment attorney.  At the Federal Employment Law Firm of Aaron D Wersing PLLC, we handle all kinds of federal employment cases. Over the years, our firm has helped many federal employees with medical retirement issues. We aim to help you access your rights as a federal employee. All our initial consultations are free, so contact us right away.

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Sep 9, 2021 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Harassment

What Is Unlawful Harassment Under Federal Law?

Unlawful harassment occurs when an employer treats a person or group differently from others who are similarly situated. If you work for the federal government and believe that you have experienced unlawful workplace harassment, there is a specific procedure you must follow to get relief. Today, we will discuss the basics of what constitutes harassment under federal law, and what federal employees can do about it. If you believe you have experienced unlawful harassment in your federal workplace, you may be available in your situation. Contact an experienced federal employment lawyer by sending an online message or calling our firm at (866) 626-5325 today. What Is Unlawful Harassment? Unlawful harassment is a form of employment discrimination, violating multiple federal acts designed to provide equal rights to all employees. These include: Age Discrimination in Employment Act of 1967 (ADEA); Title VII of the Civil Rights Act of 1964; and Americans with Disabilities Act of 1990 (ADA).  This conduct could be based on race, color, sexual orientation, gender identity, pregnancy, religion, national origin, age, genetic information, or disability. Types of Unlawful Workplace Harassment Conduct Unlawful harassment can include verbal, written, visual, or physical conduct. Verbal or Written Harassment  Verbal harassment may include insults, derogatory slurs or comments, or name-calling. Invasive questions about a person’s body, appearance, clothing, customs, or sexual activity may also qualify as unlawful workplace harassment. Verbal harassment includes written, emailed, or text statements.  Visual Harassment Visual harassment can be harder to detect or prove. But examples include offensive gestures, sexually suggestive noises, hostile eye contact, and derogatory or offensive images. Offensive images can come in many forms, including images on the clothing someone wears to work. Physical Harassment Physical harassment can include unwanted proximity. This can include following, standing close to, or actually touching someone. Sexually suggestive hand gestures or facial expressions can be categorized as physical harassment as well, even if there is no actual contact. And of course, actually touching someone else’s body without permission in any type of sexual or unwanted manner is prohibited. What Is Unlawful Retaliation? Retaliation is a specific form of discrimination that may occur in response to an employee making a good faith complaint about workplace harassment or discrimination. Retaliation can also happen in response to the refusal of sexual advances or defending others from advances. Requests for disability or religious accommodations may also be met with retaliation. Unlawful retaliation occurs when an employer changes the terms of employment such as responsibilities, pay, schedule, or other factors as a form of punishment.  What Three Factors Are Commonly Used to Determine Unlawful Workplace Harassment?  Not all offensive actions rise to the level of illegality. Petty slights, annoyances, or isolated incidents, though bothersome, may not be severe enough to constitute a claim for unlawful harassment. According to the EEOC, there are three factors commonly used to determine unlawful workplace harassment:  Whether the harassment was extensive enough to create a hostile or intolerable work environment for the employee; Whether the victim tolerated the harassment to keep or obtain their job; and Whether the harassment was a retaliatory response to an employee filing or participating in a complaint. If any of these factors are applicable in your situation, you may be eligible for financial compensation.  Process of Filing a Formal Unlawful Workplace Harassment Complaint for Federal Employees If you have experienced unlawful harassment in a federal workplace, you have options to assert your rights. It is important to note that these are legal remedies, and the best way to achieve the results you deserve is to hire an experienced federal EEOC attorney.  Contact Your EEO Counselor Each federal agency has an EEO counselor. Contact your designated counselor within 45 days of when the discrimination occurred. This is the first step prior to filing a formal complaint with the EEOC. The counselor can walk you through the process. You may have multiple options for filing. An experienced EEOC attorney can guide you through this process.  Alternative Dispute Resolution After speaking with your EEO counselor, federal employees may participate in alternative dispute resolution. This typically means mediation and is a good opportunity to try to resolve issues at the lowest level. However, if this does not resolve the problem, it may be time to file a formal complaint. File a Formal Complaint If your unlawful workplace harassment dispute cannot be resolved using alternative dispute resolution, your EEO counselor will provide you with a written notice that gives you the right to file a formal complaint within 15 days. The notice will explain how to properly file the formal complaint.  Agency Investigation Once the agency accepts your discrimination claim, they will initiate an investigation. Upon completion of the investigation, you may request an immediate final decision or a hearing before an administrative judge.  Hearing Before an Administrative Judge Hearings are not always a part of the EEOC formal complaint process depending on your claim. During the hearing, your case is presented to the judge who reviews information from both sides and makes a decision whether or not there was discrimination.  Final Decision and Appeal The federal agency will review the judge’s decision. If the judge found unlawful harassment, the agency can implement the judge’s orders or its own remedy. Federal employees may still appeal to the EEOC’s appellate division, the Office of Federal Operation (OFO), within 30 days if the remedy is unfavorable.  Suing for Unlawful Workplace Harassment The Federal Employment Law Firm of Aaron D. Wersing, PLLC, can help you understand your complaint and the financial impact of the harassment. Our team is passionate about helping federal employees assert their rights and can help you collect evidence and build your case. Contact us online today or call (866) 626-5325 for your free case consultation.

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Aug 25, 2021 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

What to Know About Secret Clearance After You Leave Your Federal Job

Certain federal jobs deal with sensitive information that requires a higher level of trust in the employee. To make sure only qualified people get these jobs, the government requires these employees to obtain some level of security clearance. But what happens to that secret clearance when you leave your job? More importantly, how long does secret clearance last? What Is Secret Clearance? The U.S. Government grants secret clearance, also called security clearance, to people who prove themselves trustworthy enough to have access to classified information. The government further divides secret clearance into different levels based on the sensitivity of the information involved in the job. Top secret clearance is the highest level, and grants cleared employees with the highest level of access. Confidential clearance is the lowest level, granting cleared employees the lowest level of access. Finally, secret clearance is in the middle. How Long Does a Secret Clearance Last? While employed as a contractor for a government agency dealing with classified information, your secret clearance will remain in effect indefinitely. However, this doesn’t mean it will never expire. Employees with secret clearances must undergo periodic reinvestigations to make sure they’re still eligible. The exact period between each reinvestigation varies based on the level of clearance you have. Five years for top secret clearance; Ten years for secret clearance; and Fifteen years for confidential clearance. Other reevaluations may occur at more random intervals to make sure secret clearance employees aren’t engaging in illegal conduct. When Does Secret Clearance Expire? Many federal employees wonder how long does a secret clearance last once they leave their federal job? Put simply, your security clearance “terminates” when you leave your federal job permanently. However, it’s important to understand that when your secret clearance terminates, it doesn’t disappear completely. Instead, a terminated secret clearance changes status from “active” to “current.” In other words, while you’re employed, you have an active secret clearance. When you leave that secret clearance “deactivates” and changes to current status. So when does it actually go away? Secret clearance expiration is two years from the time it “terminates” and becomes inactive. Can I Have My Secret Clearance Reactivated? While your secret clearance is in current status, you can reactivate it without going through the entire approval process. If you have any other clearances on top of your secret clearance, those may need to be re-obtained after a certain period of time. Generally, however, you can reactivate your secret clearance within two years. If My Secret Clearance Expires, Will It Be Easier to Obtain New Secret Clearance in the Future? No. Once your secret clearance expires, you will have to start the whole process over. That means filling out Standard Form 86 again and undergoing a background investigation before your new secret clearance will be granted. What Happens to My Secret Clearance If I Get Fired? You might think that getting fired means you automatically lose your secret clearance. However, this isn’t necessarily true. Remember that employment termination can happen for a variety of reasons, not all of which warrant immediate expiration of your secret clearance. For example, if you’re a government contractor, your contract may end, leading to your termination. In this case, you likely haven’t done anything to indicate that you’re untrustworthy or no longer eligible for secret clearance. On the other hand, if your termination involved any of the “Adjudicative Criteria” for security clearance eligibility, you’ll have any future attempts at secret clearance denied. The Adjudicative Criteria are a list of guidelines for determining eligibility for secret clearance, and include: Allegiance to the United States and any foreign influence that might affect you; Personal conduct, including sexual behavior and drug and alcohol use; Your psychological condition; Criminal conduct; and Your ability to handle protected information. You can view the full list of Adjudicative Criteria at the website from the Office of the Director of National Intelligence. Does My Secret Clearance Apply to Private-Sector Employment? Not necessarily. Although some private-sector jobs involve sensitive or confidential information, government security clearance only applies to positions working for the federal government. Accordingly, your clearance may still be useful if you switch to another government agency or go to work for a government contractor. If you apply for a position in the private sector, however, your security clearance won’t apply. Still Have Questions? Contact a Federal Employment Lawyer Today The Federal Employment Law Firm of Aaron D Wersing, PLLC, focuses on assisting federal employees in a wide range of issues. If you’re dealing with discrimination, worried about blowing the whistle, or need more information about your rights as a federal employee, we can help. We’ve helped hundreds of federal employees get their jobs back or stop discriminatory workplace behavior. Contact us today through our online form or by phone at (833) 833-3529 to schedule a free consultation.

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