Equal Employment Opportunity: An Overview for Federal, Private Company, and Public Sector Employees

Equal employment opportunity (EEO) laws protect employees from discrimination, sexual harassment, retaliation and other illegal actions by employers. The conduct of employers is regulated by the Civil Rights Act of 1964, the Age Discrimination and Employment Act (ADEA), the Rehabilitation Act of 1973 and many other state and local laws. Depending on where an individual is employed-the federal government, a private company, or in state government (or the District of Columbia)-different laws and procedures will apply to EEO complaints.

One common thread for all employees, no matter where they are employed, is that they have the right to be free from illegal discrimination and/or harassment in the workplace. In addition, the U.S. Equal Employment Opportunity Commission (EEOC) is an independent agency responsible for enforcing federal laws against workplace discrimination and investigating discrimination complaints based on the following:

• Racial (Race) Discrimination
• Gender (Sex)-based Discrimination
• Equal Pay/Compensation Discrimination
• Religious Discrimination
• Disability Discrimination
• Genetic Discrimination
• National Origin Discrimination
• Sexual (Sex) Harassment
• Hostile Work Environment
• Age Discrimination
• Retaliation
• Pregnancy Discrimination
• Ethnic Discrimination
• Sexual Orientation Discrimination

Often times, state and local EEO organizations provide similar and even additional protections for employees from other forms of discrimination or unfair treatment by employers, so it is important to consult with an attorney as early as possible about the appropriate EEO complaint process for your case.

As noted above, the first step in determining your specific rights as an employee is to contact an attorney to discuss the facts involved in your individual situation, your type of employment (e.g. federal employment, private employment), and the specific laws that would apply should you decide to file a complaint of illegal conduct committed by your employer.

Federal Employees

Federal employees have certain specific rights when filing a complaint of discrimination, harassment, or retaliation. Generally speaking, federal employees often have a short period of time, typically 45 days, in which to notify their Agency's EEO Counseling Department about their potential complaints of discrimination, harassment, or retaliation.

In cases involving federal employees, once the EEO complaint process commences, the issues involved are referred to an EEO investigator and are eventually investigated by the Agency. In some federal agencies, prior to filing a formal EEO complaint, an opportunity to mediate or resolve a federal employee's particular issues is sometimes available. If mediation is not available or not successful, the investigation of the complaint proceeds.

Once an EEO investigator is assigned, he or she will normally interview individuals, obtain affidavits or other sworn statements, in addition to other potential evidence in order for the Agency to make a determination on the individual's formal complaint. Following these investigations, which often take 180 days or longer, and barring early settlement or resolution of the case, the EEO investigator completes his or her final report of the investigation (usually referred to as the ROI) and presents it to the Agency and the Complainant for review.

If the Agency does not resolve the issues in the complaint, the employee has a right to elect a hearing before an administrative law judge employed by the EEOC, or seek a final decision from his or her Agency based on the formal EEO Complaint. The procedures and timelines associated with filing an EEO Complaint can involve complex legal issues, so federal employees are urged to obtain counsel early in the EEO complaint process.

Private Company Employees

Employees of private firms and companies are protected by many of the same rights as federal employees (e.g. the Civil Rights Act, ADEA), as well as sometimes state laws that can provide greater protections for employees. With private sector employees, an attorney will need to evaluate whether to initiate the EEO process with the local or state organizations (e.g., D.C. Office of Human Rights) that enforce the employee protection laws or procedures, or to possibly request an investigation by filing a complaint with the EEOC for discrimination, harassment, and retaliation.

Once the proper forum for investigation is determined, an EEO complaint is filed by an attorney on behalf of the affected employee and an investigation is usually requested by the attorney for the employee, whether at the EEOC or at the state or local organization in which the complaint has been filed. The EEOC or local EEO organization then investigates the complaint to determine whether or not to take action against the employer. If action is not taken by the EEOC or the state or local EEO organization where the complaint has been filed, then a right-to-sue letter is typically issued (more typically with the EEOC, given different local and state procedures) and the employee may then pursue his or her case in court or through other administrative courts.

Public Sector Employees

Public sector employees are individuals employed by city, state or District of Columbia agencies and often have rights covered by state laws that are unique to their jurisdiction. Typically, each state or locality has its own timeline and procedures for filing complaints of discrimination. Often times there are short timeframes in which to notify public agencies about an employee's claims and to request internal counseling. Our attorneys are versed in the different areas of law that protect public sector employees from illegal discrimination, harassment, and retaliation. Each jurisdiction is different in its handling of public employees' issues; therefore, our firm can determine the best forum in which to file an individual's complaint of discrimination, harassment, or retaliation.

How We Can Help

Berry & Berry, PLLC attorneys represent employees in the federal, public, and private sector involving complaints of discrimination, harassment, or retaliation before administrative law judges or in court. Throughout the process, the Firm evaluates the potential of a client's case for resolution or settlement. We represent employees at the initial complaint stage, during investigations, before EEOC administrative law judges, and in court. In addition, we attempt to determine the best course of action for our clients to enable them to make an informed decision in the direction of their cases.

Our attorneys can advise and represent employees as they consider initiating the EEO complaint process. Please contact our Firm at 703-668-0070 or through our Contact Page to schedule a consultation with one of our attorneys to discuss the next steps in your potential EEO complaint.