Federal Employment Lawyers for EEO Cases
Our federal employment lawyers represent federal employees in Equal Employment Opportunity (EEO) complaints and hearings nationwide. Federal employees are protected from discrimination, sexual harassment, retaliation, and other illegal actions by federal agencies. We represent federal employees in all aspects of the EEO process, from filing a complaint to representation during the hearing.
Types of Claims
The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal laws against workplace discrimination and investigating discrimination complaints. The most frequent EEO complaints by federal employees include:
- Age Discrimination
- Disability discrimination
- Equal Pay/Compensation Discrimination
- Ethnic Discrimination
- Sex Discrimination
- Hostile Work Environment
- National Origin Discrimination
- Pregnancy Discrimination
- Race/Color Discrimination
- Religious Discrimination
- Sexual Harassment
- Sexual Orientation Discrimination
Federal Employee Complaint Process
Federal employees usually only have 45 days to notify their agency’s EEO office about discrimination, harassment, or retaliation complaints. Once a federal employee contacts their EEO office, the case can begin. The process usually starts with a decision to try to mediate the complaint or move ahead with an investigation. The complaint is then usually referred to an EEO investigator and investigated by the Agency. If mediation is not available or unsuccessful, the investigation of the formal EEO complaint proceeds.
Once an EEO investigator is assigned, he or she will normally interview individuals, and gather affidavits in addition to other potential evidence regarding the complaint. Following an investigation, which can take 180 days or longer, the EEO investigator completes his or her final Report of Investigation (ROI) and presents it to the agency and federal employee for review. The federal employee then has the right to elect a hearing before an administrative judge or to seek a Final Agency Decision (FAD). 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.
The Federal Employee EEOC Hearing Process
We usually recommend requesting a hearing before an EEOC administrative judge after the ROI is received. Once the hearing request is received, then a judge will be appointed. The judge will order the procedures for the case, and litigation will commence. The most critical part of the EEOC hearing process is discovery, where the federal employee has the opportunity to obtain documents and take depositions of key witnesses in the case. After discovery, the agency will usually seek to dismiss a federal employee’s case by filing a motion to dismiss. If the federal employee is granted a hearing the process is similar to other types of court cases. The hearing will usually last a few days. During that time, the parties will give opening statements, present witnesses, exhibits and give closing statements. After the hearing, a decision will be rendered, which can also be appealed.
Contact Us for EEO Representation
We offer a full set of legal services to protect your federal employee rights in the EEO process. We represent federal employees in all stages of the EEO complaint process. To schedule an initial consultation with one of our federal employment lawyers, please contact us at (703) 668-0070 or by visiting our website’s contact us page.