In many cases, asserting your legal rights as a federal employee involves filing a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEO complaint process exists specifically to help ensure that federal employees can hold their agencies accountable when necessary.
But, not all federal employment-related claims fall within the EEOC’s enforcement jurisdiction; and, if you have an EEO complaint, there are specific steps you need to take (and deadlines you need to meet) to assert your legal rights successfully. With this in mind, if you think you may have a claim, we strongly recommend speaking with a New York federal employment lawyer as the first step in the process.
Grounds to File an EEO Complaint as a Federal Employee
So, when can (and should) you file an EEO complaint as a federal employee? The EEO complaint process serves as a means of legal recourse for federal employees who have discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Rehabilitation Act, and select other federal anti-discrimination laws. As the EEOC explains:
“If you are a federal employee or job applicant, the law protects you from discrimination because of your race, color, religion, sex (including transgender status, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. The law also protects you from retaliation if you oppose employment discrimination, file a complaint of discrimination, or participate in the EEO complaint process . . . .”
As the EEOC goes on to explain, “There are also federal laws and regulations and Executive Orders (which are not enforced by EEOC) that prohibit discrimination on the basis of sexual orientation, marital status, parental status, or political affiliation.” If you have a complaint under a federal law, regulation, or Executive Order that falls outside of the EEOC’s enforcement jurisdiction, you will need to assert your legal rights through other means. We discuss these options briefly below.
Decisions related to hiring, job and work location assignments, pay raises and promotions, and termination of employment can all potentially warrant EEO complaints under Title VII and the other laws discussed above. Disabled federal employees can use the EEO complaint process to challenge the denial of their reasonable accommodation requests as well.
Process for Filing an EEO Complaint as a Federal Employee
If you have grounds to file an EEO complaint against a federal agency, you will need to strictly follow the EEOC’s complaint process. The major steps in the EEOC’s complaint process are as follows:
- Contact Your Agency’s EEO Counselor – In most cases, federal employees must contact their agency’s EEO counselor within 45 days of experiencing discrimination in the workplace. Once you contact your agency’s EEO counselor, you will typically be given the option to either participate in informal EEO counseling or pursue mediation.
- File a Formal Complaint – If you do not obtain a satisfactory resolution through EEO counseling or mediation, then your next step will be to file a formal complaint. Unless your agency dismisses your complaint outright for procedural reasons, your agency should conduct an investigation within 180 days.
- Request an Agency Decision or an EEOC Hearing – Once the investigation is complete, you will be given the option to either request an agency decision or request a hearing before an administrative judge at the EEOC. While an agency decision in this scenario is referred to as a “Final Action,” you have the right to challenge your Final Action before the EEOC or in federal court if necessary.
- Attend Your EEOC Hearing – If you request an EEOC hearing, an administrative judge at the EEOC will consider all of the evidence submitted and then render a decision. At this stage, your agency will have another opportunity to issue a final order either awarding or denying relief.
- File an Appeal (and Request for Reconsideration) – If you disagree with your agency’s decision, you have the right to file an appeal with the EEOC Office of Federal Operations. If you disagree with the outcome of your appeal, you can then file a request for reconsideration.
- Go to Federal Court if Necessary – Finally, if you are unable to obtain a satisfactory resolution through the EEO complaint process, you have the right to take your complaint to court. This involves filing a lawsuit against your agency alleging one or more violations of federal law.
This is a very brief overview of the major steps in the EEO complaint process. You will need to make several critical decisions during each step, and mistakes or oversights could leave you unable to secure the remedies you deserve. With this in mind, while not legally required, hiring an experienced federal employment lawyer to represent you is strongly recommended.
What if You Have a Discrimination Complaint But Aren’t Eligible to File with the EEOC?
As noted above, the EEOC does not handle all complaints involving discrimination in the federal workplace. If you have a complaint that falls outside of the EEOC’s enforcement jurisdiction, you will need to work with your lawyer to determine what steps you need to take to seek the remedies you deserve.
Filing a complaint with the Office of Special Counsel (OSC) or filing an appeal with the Merit Systems Protection Board (MSPB) are two possibilities—but there are various other possibilities as well. In all cases, strict deadlines apply, so you will want to consult with a lawyer about your legal options as soon as possible.
Schedule a Confidential Consultation with a New York Federal Employment Lawyer at Bell Law Group
Do you need to know more about your options for asserting your legal rights as a federal employee (or former federal employee)? If so, a New York federal employment lawyer at our firm can explain everything you need to know. To schedule a confidential consultation at Bell Law Group as soon as possible, please call 516-280-3008 or tell us how we can get in touch online today.
