Workplace Investigations for Virginia Employees
When an employee has been accused of engaging in workplace misconduct, an employer will sometimes conduct an administrative or internal investigation. Some reasons why employers investigate employees include discrimination complaints, threats against others, safety problems, whistleblower allegations and workplace theft. This article focuses on workplace investigations for Virginia employees. We represent Virginia employees in all […]
Security Clearance Lawyers Nationwide
Security Clearance Representation Nationwide Welcome to the law firm of Berry and Berry, PLLC in the Metropolitan, Washington D.C. area. We specialize in the nationwide legal representation of individuals in security clearance matters. We have represented thousands of clients across the country in their security clearance matters for over 25 years. Our goal is to […]
Representing Federal Employees in Grievances
Our federal employment lawyers represent federal employees in the different grievance processes. Most, if not all federal agencies have their own federal employee grievance procedures for employees who wish to bring employment disputes forward for resolution. Why Federal Employees Use the Grievance Process Generally, federal employees utilize a federal agency’s grievance process when it is […]
Workplace Investigations in Virginia
By John V. Berry, Esq.,www.berrylegal.com
Our Virginia Employment Lawyers defend Virginia employees in employment investigations involving employee alleged misconduct. This article talks about the issues involved when an employer conducts an investigation in the workplace. Virginia employers (and employers in other states) usually conduct workplace investigations into employee complaints because they can face legal consequences (or more severe consequences) if […]
Using the MSPB’s Online Appeal System
Merit Systems Protection Board Online Appeals The Merit Systems Protection Board (MSPB) recently overhauled its electronic appeal system, e-Appeal. The new system is now the only way to electronically file MSPB cases as of October 2023. When pursuing a case before the MSPB, it is therefore important for a federal employee to understand the latest […]
OPM Disability Retirement Reconsideration
Representing Current and Federal Employees in OPM Disability Reconsideration Appeals for Over 25 Years Our federal retirement lawyers represent current and former federal employees nationwide seeking reconsideration following a disability retirement denial by the Office of Personnel Management (OPM). We represent federal employees in their retirement matters before their federal agencies and OPM. It is […]
Virginia Non-Compete Agreements
Thoughts on Virginia Non-Compete Agreements Virginia non-compete agreements and clauses are important for employees to consider in joining or leaving an employer. Northern Virginia, given its proximity to Washington, DC, has numerous businesses engaged in government contracting. Given this fact, and the fact that these types of businesses tend to be very competitive, there has […]
Reasonable Accommodations for Virginia Employees
We are often asked about reasonable accommodations by employees in Virginia when they develop a medical condition that requires a change in their duties or other adjustments. We advise private, federal, state and county sector employees in Virginia this regard. The reasonable accommodation process applies to both employees and job applicants in all states including the […]
Representing Contractors & Employees in NSA Security Clearance Appeals
Representing NSA Employees and Federal Contractors in NSA Security Clearance Appeals Our security clearance lawyers represent government contractors before the National Security Agency (NSA) in security clearance matters. As those seeking cleared positions know, the NSA is an intelligence agency with its own unique security clearance process through Executive Order 12968 and Security Executive Agent […]
The Informal EEO Complaint Process for Federal Employees
Federal employees begin the EEO complaint process with an informal complaint. The informal complaint process is just the initial step for federal employees who believe that they have been discriminated against. Federal employees bring claims on the basis of race, color, religion, national origin, age, disability, genetic information, pregnancy or other grounds against their agency. In order to begin the EEO process, a federal employee (complainant), must initiate contact with agency’s EEO office.
How to Initiate Contact
A federal employee must initiate contact with an EEO counselor within 45 days of the discrimination. This is how the informal EEO Complaint process begins. Specifically, the individual must initiate contact with a counselor “within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105 (a) (1). There can be exceptions where the conduct at issue has involved an ongoing hostile work environment. Additionally, there could be an exception where circumstances outside of the individual’s control prohibited timely contact.
That said, it isn’t always clear who a federal employee should contact first to begin the informal process. Every federal agency has different organizational structures for their EEO offices. A federal employee complainant can usually meet this requirement by contacting an agency official who is connected to the EEO process. It is best, however, for the complainant to reach out to the agency’s EEO office, in advance of the deadline. Doing so puts the complainant or counsel in the best position to find the best contact. The agency’s EEO office should readily provide this appropriate EEO counselor or contact.
In our practice, we generally prepare a notice of the discrimination that has occurred, in writing, as part of the informal process where possible. This can be used later as proof that timely contact occurred and also demonstrate what claims were brought within the 45-day period. It is not uncommon for agencies to later argue that not all of a complainant’s claims were brought through the informal EEO process.
After Initial Contact – Counseling or ADR/Mediation?
After contact with the EEO office has been initiated, the next step is to consider which initial option the federal employee wants to pursue. The EEO counselor will provide a federal employee and his or her counsel with paperwork outlining the rights they have in the process. For many federal agencies, the complainant will have an option to request immediate EEO counseling or to seek to mediate their EEO dispute. Our lawyers often resolve EEO disputes early on through the mediation process.
a. Pre-complaint EEO Counseling
Pre-complaint EEO counseling is mandatory. It may not be waived by either the agency or the complainant. It is a requirement to filing a formal EEO complaint. Pre-complaint counseling is also referred to as “informal” counseling. This is because the commission’s regulations, at 29 C.F.R. 1614.105(a), require counselors to “try to informally resolve the matter.”
b. EEO Mediation
Some complainants will have the option of using alternative dispute resolution (ADR) processes such as mediation to resolve their complaint early. An agency has discretion to decide whether it will offer ADR in a particular given case. In sum, an agency is required to have an ADR program, but it is not required to offer ADR in every case. Our firm frequently represents federal employees in the EEO mediation process. If successful, the EEO mediation process will result in a settlement agreement between the federal employee and the agency. The written settlement agreement will then resolve all claims between the parties.
Conclusion & Notice of Final Interview
If the EEO informal complaint has not been resolved through early counseling or mediation and settlement, a final interview will be conducted. This is the end of the informal EEO complaint process. This is often conducted by email, where the individual receives a notice of right to file a formal EEO complaint. The notice will explain the next steps and deadlines associated with continuing in the process.
Filing of Formal Complaint
While the formal complaint process is different than the informal process, they both have deadlines. It is important to note that when a federal employee receives notice of a right to file a formal complaint they normally have 15 days to file it. The formal complaint process is one where the federal employee specifies the exact issues of discrimination and remedies sought. It is important to have legal counsel for this process. Formal EEO complaints often require the completion of an agency-specific form. Additionally, the formal EEO complaint should include a detailed narrative of the discrimination claims.
Contact Us
Our law firm represents and advises federal employees in EEO complaints and mediation. If you need legal assistance regarding an EEO complaint, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
