Experienced EEO Representation for Federal Employees in Albany, NY
All federal employees have clear legal rights. These include the right to be free from many forms of harassment and discrimination in the workplace. They also include the right to take legal action when necessary. Unfortunately, discrimination and harassment in the federal sector are far more common than they should be, and many workers find themselves in need of an experienced Albany federal EEO lawyer who can help them take legal action.
In many cases, taking legal action against harassment or discrimination in the federal workplace involves filing an equal employment opportunity (EEO) complaint. The U.S. Equal Employment Opportunity Commission (EEOC) handles complaints involving most prohibited forms of harassment and discrimination, and it has established procedures for seeking to hold federal employers accountable.
Grounds to File an EEO Complaint as a Federal Employee
But, while there are established procedures for filing an EEO complaint, effectively asserting your legal rights as a federal employee can be challenging. As a result, it is important to have an experienced Albany federal EEO lawyer on your side. Our lawyers have extensive experience representing federal workers before the EEOC. We can determine if you have grounds to file a complaint, and if you do, we can take appropriate legal action on your behalf promptly.
Federal employees can file EEO complaints on several grounds. We handle complaints involving all matters falling within the EEOC’s enforcement jurisdiction, including:
- Age discrimination (discrimination against federal workers who are age 40 or older)
- Disability discrimination
- Genetic information discrimination
- National origin discrimination
- Racial discrimination
- Religious discrimination
- Sex discrimination (including discrimination based on pregnancy, sexual orientation, and transgender status)
- Retaliation against federal workers who oppose discrimination or participate in the EEO complaint process
Sexual harassment falls within the EEOC’s enforcement jurisdiction as well, as it is considered a form of sex-based discrimination under Title VII of the Civil Rights Act of 1964. This includes both quid pro quo sexual harassment and sexual harassment that is pervasive or severe enough to create a hostile work environment.
What to Expect from the EEO Complaint Process
Filing an EEO complaint is a multi-step process for federal workers. Federal workers must follow procedures that do not apply to employees in the private sector, and failing to strictly follow these procedures can prevent federal workers from securing the outcomes they deserve. At Bell Law Group, we help our clients navigate the EEO complaint process—communicating with the federal government on their behalf while keeping them updated and informed throughout the process.
In the federal sector, the process begins with contacting your agency’s EEO Counselor. You must generally contact your agency’s EEO Counselor within 45 days of experiencing harassment or discrimination in the workplace, though exceptions apply in some cases. If you contact your agency’s EEO Counselor correctly and on time, the EEO Counselor should conduct a preliminary investigation and then offer you two options:
- Participate in the EEO counseling process, which involves attempting to work out an amicable resolution with your federal employer “at the lowest level possible,” or
- Participate in the EEO alternative dispute resolution (ADR) process, which typically involves mediating your complaint in an attempt to reach an amicable resolution.
If you are unable to obtain a satisfactory result through the EEO counseling process or ADR, the process is far from over. At this stage, you have the right to file a “formal” complaint against your federal employer. You must file this complaint within 15 days of receiving a Notice of Right to File a Formal Complaint; and, when filing your complaint, you must clearly state the basis for doing so under applicable federal law.
Once you file a formal complaint, your federal agency will either accept or dismiss your claims, and an EEO Investigator will investigate any accepted claims within 180 days in most cases. You have the right to challenge the dismissal of any claims with the EEOC. For any accepted claims, you have the right to either request a final decision from your federal agency or request a hearing before an EEOC administrative judge.
Regardless of how your EEO complaint proceeds, if you are dissatisfied with the outcome, you generally have the right to file an appeal. This initially involves seeking a different outcome through the EEOC’s Office of Federal Operations; however, you can also take your EEO complaint to federal court if necessary.
FAQs: Filing an EEO Complaint as a Federal Employee in Albany, NY
Do I need a lawyer to file an EEOC complaint?
While you are not legally required to hire a lawyer to file an EEO complaint, we strongly recommend that you do so. As we just discussed, the process is complex, and mistakes along the way can leave you unable to secure the outcome you deserve. Working closely with an experienced Albany federal EEO lawyer will help maximize your chances of success.
What happens after I file a Charge of Discrimination with the EEOC?
Filing a Charge of Discrimination with the EEOC as a federal employee starts with contacting your agency’s EEO Counselor. However, this is truly just the first step in the process. To seek the outcome you deserve, you will need to participate in the EEO counseling process or ADR, and you may need to present your case to an administrative judge at the EEOC. If this administrative judge rules against you, you may also need to take your federal harassment or discrimination claim to court.
Am I protected from retaliation for filing a claim?
Federal law prohibits agencies from retaliating against employees who file EEO Complaints in good faith. As a result, your agency cannot legally retaliate against you, and if it retaliates against you illegally, you may be entitled to additional remedies.
Schedule a Free Consultation with an Albany Federal EEO Lawyer at Bell Law Group
If you would like to discuss your legal rights with an experienced Albany federal EEO lawyer, we strongly encourage you to contact us. To schedule a free consultation, call 516-280-3008 or contact us online today.
