Employment Discrimination (EEOC)
The Bell Law Group is pleased to announce that through our zealous and relentless representation of Federal Employees through the years, we have successfully recovered over $1,000,000 in damages against the Federal Government for claims of discrimination and retaliation on behalf of Federal Employees. This office represents Federal Employees who have been discriminated against by their Employer/Agency. Discrimination can occur in numerous forms, including, day to day harassment or a discrete act and can be based upon race, color, sex, national origin, religion, age, disability, or prior EEO activity.
When you are looking for an experienced attorney who knows the Federal Employee Laws and Procedures, contact The Bell Law Group. This firm has been trial tested in numerous district EEOC jurisdictions, before numerous EEOC Judges and countless Federal Agencies. We carefully represent each Employee through every step of litigation, including the informal counseling, filing of the formal complaint, the investigation and the Hearing. The firm has grown a reputation among the Judges and many Federal Agencies to be a top notch trial oriented firm that obtains top results.We Pursue Discrimination Cases Before the EEOC
The Equal Employment Opportunity Commission (EEOC) hears cases involving federal employee claims for harassment, retaliation and discrimination. Discrimination of any of the following protected classes is completely prohibited:
- Genetic information
- National origin
If you believe your employer or agency has acted against you on the basis of one of these areas, you have likely been discriminated against. You deserve compensation.Hallmarks of an EEOC Discrimination Claim
There are many elements that make up a successful discrimination claim at the EEOC. At the heart of each claim, however, are three elements:
- Actual injury: Did you suffer an actual physical, economic or emotional injury due to the discriminatory act?
- Other employees: Did you receive treatment that was different than other employees who are similarly situated to you?
- Quality of justification: Did the reason your agency gave for your treatment appear reasonable, or was it more of a cover story?
Finding the answers to these three questions can provide you with a generally solid understanding of whether you have a valid federal employee discrimination claim to pursue. We can help you evaluate the answers and dig deeper into the story, so you can feel confident in your decision. If you choose to file a claim with the EEOC, we will stand by your side throughout the process.The EEOC Complaint Process
There are specific processes you must follow so as to make a valid claim before the EEOC:
- First, you must contact an EEO Counselor within 45 days of the discriminatory act. The counselor may suggest you attend alternative dispute resolution sessions in an attempt to resolve the situation.
- If the ADR process does not work, you will then need to file a formal complaint. From there, the EEOC will investigate your claim. You can request that the EEOC submit a decision as to whether discrimination occurred.
- If the EEOC does not find discrimination, you can request an appeal through the EEOC.
- If you are not satisfied with the EEOC’s opinion, we can file a case with in federal district court.
We are skilled at all levels of the EEOC complaint process, from initial contact through to appeals. We can help guide you through this administrative maze so you can know what is going on and that you have control over the steps we take.
Due to our experience and our passion to win such cases, we learned strategies of success that even the Agency Representatives are unaware of. For example, one of our clients believed to have witnessed a female co-employee being sexually harassed by her supervisor. He made complaints to upper level management, who in turn, conducted an investigation. Ultimately, the female did not believe she was being sexually harassed. As a result, the Agency retaliated against the complaining employee for making the Complaint by providing a lower Performance Appraisal and not selecting him for a promotion, even though he was ranked the highest on the Best Qualified List. The employee contacted this firm. The Agency refused to settle and the case proceeded to trial. After three days of trial, the Judge found the Agency liable for Retaliation and scheduled another trial to determine the amount of damages owed to our client in addition to the appropriate amount of attorney's fees. The case quickly settled for a substantial monetary amount, our client obtained the promotion he sought and an increase on two critical elements of the employee's Performance Appraisal.
In the above case, the Agency Attorneys failed to consider what the firm argued, which was that the Federal Employee's complaint that his co-worker was being sexually harassed did in fact constitute "protected activity" and therefore was covered by the EEOC, under the basis of retaliation. Due to our unique skill set and understanding of the law, we were able to use the "opposition clause" to our advantage to satisfy the required element of retaliation, that our client had engaged in EEO activity.
On countless occasions, clients have left other "experienced Federal Employee Firms" to come to our firm in the middle of litigation. Unfortunately, many of these firms put profit before their clients. Often, these other firms bill their clients and require them to pay an exorbitant amount of money. After the client makes the initial payment, the firm then requires the client to pay another large fee prior to performing an important task on the case. If the client refuses to make an additional payment, the firm then refuses to perform the task. Once the demand cannot be met, the firm terminates the relationship, leaving the client with few options. Recently, we obtained a case from a "well known Federal Employee Firm" that had charged the client $45,000 in out of pocket lawyer fees and was "demanding" $30,000 more. Shockingly, the firm had not even performed depositions, which occurs prior to trial. Even more shocking was that the firm missed Court Scheduled deadlines and was billing the client for Motions to correct the firms own mistakes. The Federal Employee contacted Jonathan Bell. Within thirty days of representing the client at the EEOC, Jonathan Bell secured a settlement of close to $100,000.
We have successfully litigated these cases and have gotten favorable results at all stages of an EEO Complaint. We have settled cases at the informal stage, after filing a formal complaint,
Time is of the essence in such cases. A Federal Employee has only 45 days to make contact with an EEO counselor. After EEO counseling, an employee has 15 days to file a formal complaint from receipt of the notice. The Agency will then investigate the complaint and will issue a report of investigation (ROI). If the Agency has failed to issue the ROI and 180 days have passed since the Federal Employee has filed the formal complaint, the Employee can request a Hearing at the EEOC and request that an Administrative Judge (AJ) be appointed.
Once the ROI is received, there are several options the employee has, including, requesting a hearing from the EEOC; request the issuance of a final Agency decision or directly file a civil action in federal district court.
The Bell Law Group will represent you in any and all stages of this process. The firm is committed to your case and has had great success in representing Federal Employees from all different Federal Agencies, including but not limited to DHS, USDA, NASA, DOD, USPS.
These cases are taken on an hourly fee; however, there is never a charge for the initial consultation. Often, the firm obtains reimbursements for legal fees through successful litigation. In understanding that litigation is a commitment both emotionally and financially, The Bell Law Group works with its clients to ensure their needs are met within their budget.
The Bell Law Group looks forward to speaking with you about your Federal Employment Law case and invites you to contact us to set up an appointment. The Bell Law Group can be reached at (855) FED-ATTY or via email at firstname.lastname@example.org.