The equal employment opportunity (EEO) complaint process is one of several legal mechanisms available to federal employees seeking to assert their legal rights. Specifically, filing an EEO complaint is an option for federal employees who have experienced discrimination on the job. However, the EEO complaint process does not apply to all forms of discrimination, and if you have a claim that is not covered by the EEO complaint process, you will need to consult with a New York federal employment lawyer about the alternatives that are available.
10 Grounds to File an EEO Complaint as a Federal Employee
So, when can you file an EEO complaint as a federal employee? Some of the most common grounds for filing EEO complaints against federal offices and agencies include:
1. Age Discrimination
The Age Discrimination in Employment Act (ADEA) prohibits discrimination against federal employees aged 40 or older. It also prohibits harassment of federal employees aged 40 or older. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, “[age-based] harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”
Age discrimination can take many different forms. If you believe that you were fired, demoted, reassigned or otherwise disadvantaged in your federal employment because you are age 40 or older, you may have grounds to initiate the EEO complaint process.
2. Disability Discrimination
The Rehabilitation Act extends the protections of the Americans with Disabilities Act (ADA) to federal employees. In addition to prohibiting disability-based discrimination and harassment, the Rehabilitation Act requires federal employers to provide reasonable accommodations to workers who need them. If you have been unfairly disadvantaged because of your disability or denied a reasonable accommodation that you need to do your job safely and comfortably, you may have grounds to file an EEO complaint.
3. Genetic Information Discrimination
For federal EEO purposes, “genetic information” includes information about your family medical history as well as information about “your genetic tests and the genetic tests of your family members.” While, as the EEOC notes, “[d]etermining whether genetic information discrimination has occurred may be complicated,” there are various circumstances in which federal employees will have clear grounds to pursue legal action. If you believe that your family medical history or any other genetic information played a role in an adverse employment action, you should talk to a federal employment lawyer.
4. National Origin Discrimination
National origin discrimination occurs when an employer makes an employment decision or takes an adverse employment action based on an employee’s country of birth. It can also involve making an employment decision or taking adverse employment action, “because of [an employee’s] ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).” Here, too, if you believe that you may be a victim, you should talk to a federal employment lawyer about the legal options you have available.
5. Pregnancy Discrimination
Within the federal workforce, pregnancy discrimination is prohibited as a form of sex-based discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII prohibits discrimination and harassment on the basis of an employee’s past, current or potential pregnancy, as well as medical conditions related to pregnancy and childbirth (including breastfeeding). Title VII also prohibits federal employers from discriminating against employees based on their decision to have (or not have) an abortion as well as their decision to take (or not take) birth control.
6. Racial Discrimination
Racial discrimination can involve any form of disparate treatment based on an employee’s race, skin color, or any other “personal characteristics associated with race.” It can also involve “treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.” Adverse employment actions, pay discrepancies, job assignment discrepancies, and all other forms of race-based disciplinary and discriminatory treatment can justify EEOC complaints under Title VII in appropriate cases.
7. Religious Discrimination
Title VII also prohibits religious discrimination in the federal employment sector. As the EEOC explains, the law prohibits discrimination against “not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.” Similar to racial discrimination, the prohibition on religious discrimination also protects federal employees against discriminatory treatment, “because [they are] married to (or associated with) an individual of a particular religion.”
8. Retaliation
Along with prohibiting all of the forms of discrimination and harassment discussed in this article, the law also prohibits federal offices and agencies from retaliating against employees who take a stand against discriminatory practices and harassing conduct. This includes, but is not limited to, assisting with a coworker’s EEO complaint. If you are a victim of retaliation, you may have grounds to file an EEO complaint in this scenario as well.
9. Sex Discrimination
The EEOC holds primary responsibility for enforcing the prohibition against sex discrimination in federal workplaces. This includes sex-based hiring, job assignment, transfer, promotion, demotion, and removal actions. Under federal law, the prohibition on sex discrimination in the federal workforce includes discrimination based on federal employees’ sexual orientation and transgender status as well. The EEOC also enforces the sex-based compensation protections afforded by the Equal Pay Act.
10. Sexual Harassment
Sexual harassment is also prohibited as a form of sex-based discrimination under Title VII. If you have experienced sexual harassment in any federal workplace, you may have grounds to file an EEO complaint, and you may be entitled to various remedies. When you talk to a New York federal employment lawyer at our firm, your lawyer will help you make informed decisions about your next steps, and if you decide to take legal action, your lawyer will represent you throughout the process.
Request a Free Consultation with a New York Federal Employment Lawyer at Bell Law Group
Do you need to know more about filing an EEO complaint as a federal employee? If so, we encourage you to contact us promptly. Call 516-280-3008 or tell us how we can reach you online to schedule a free consultation with a New York federal employment lawyer at Bell Law Group.
