Federal Employee Discrimination Attorney

When an employee that works for the federal government has been discriminated against in the workplace, it warrants contacting a federal employee discrimination attorney from Federal Practice Group for support. Depending on the type of discrimination, there may be a course of action so that the employee can seek remedy and restitution for what they experienced.

Keep in mind, that as a federal employee or applicant, you are protected by law from discrimination due to your gender identity, pregnancy status, sexual orientation, religion, color, race, age, national origin, genetic information, or disability. But sadly, all too often innocent people are discriminated against because someone decided to act with malice or blatant insensitivity.

You do not need a lawyer to file a claim with the Equal Employment Opportunity Commission (EEOC). You can file a claim with the EEOC on your own, and the EEOC will investigate your claim and determine whether there is reasonable cause to believe that discrimination occurred. However, you may want to consider consulting with an attorney who specializes in employment law to help you navigate the process, understand your rights, and ensure that you have the best possible chance of success. An attorney can also advise you on the merits of your claim and the potential remedies available to you.

Table Of Contents

• Common Types of Federal Employee Discrimination
• Hallmarks of an EEOC Discrimination Claim
• Federal Employee Discrimination Attorney FAQs
• Federal Employee Discrimination Statistics
• When To Contact A Lawyer
• Call Federal Practice Group

Common Types of Federal Employee Discrimination 

Discrimination in the workplace should never be tolerated. Unfortunately, it occurs in many forms. There are several reasons why an employee could be discriminated against at work. There may be bias against them because of their identity, or a supervisor or manager may believe that they will not be able to perform as well as other employees in the workplace. When discrimination occurs, it can appear in many ways. Examples of discrimination can include: 

• Racial Discrimination. When an employee is discriminated against because of their racial identity, ethnicity, nationality, or skin color, it is categorized as racial discrimination. All federal workplaces should be inclusive of every individual regardless of their race. An example of racial discrimination is when an employee of a certain race is intentionally not being considered for promotion compared to their peers who are of other racial identities. 

• Sex and Gender Discrimination. An employee can be discriminated against because of their sex, gender or sexual orientation. Examples of this form of discrimination include harassment of an individual because of their sex or preventing an employee from advancing in the workplace. 

If you are a federal employee or applicant and suspect that discrimination has happened to you, we urge you to get our help now. You have the right to file a complaint and not accept what has happened to you. And if it occurred once, it may happen again and again. Let an attorney for employee federal discrimination from Federal Practice Group intervene to halt the discrimination and see that you are fairly compensated for the anguish and inconvenience.

After submitting your formal complaint, the agency will look over your statements and decide if it is sufficient to move forward or not. Please let us help you write up your formal complaint, as this will increase your odds of the response you are hoping for. Your case will either be dismissed or the agency will perform an investigation, which they have 180 days from your filing to complete. Once it is finished, the agency will send you a notice that offers a couple of choices: you can ask for a hearing in front of an EEOC Administrative Judge, or you can request that the agency conclude a verdict for your case now.

Sometimes the U.S. Equal Employment Opportunity Commission makes a misjudgment. With our help, you can appeal the decision or dispute it in federal district court. Now, if you already filed your complaint and received a verdict you are not happy with but have yet to file an appeal, we strongly advise getting a lawyer to help you with the rest of the process.

Hallmarks of an EEOC Discrimination Claim:

The hallmarks of an Equal Employment Opportunity Commission (EEOC) discrimination claim typically include:

1. Protected characteristic: The claimant must belong to a protected class under federal anti-discrimination laws, such as race, color, religion, sex, national origin, age, disability, or genetic information.
2. Adverse employment action: The claimant must have experienced an adverse employment action, such as termination, demotion, denial of promotion or training, or a reduction in pay, benefits, or responsibilities.
3. Discriminatory intent: The claimant must provide evidence that the adverse employment action was motivated by discrimination based on their protected characteristic. This can be shown by direct evidence, such as discriminatory comments, or indirect evidence, such as disparate treatment or impact.
4. Causal connection: The claimant must show a causal connection between the adverse employment action and the discriminatory intent. This means demonstrating that the adverse employment action would not have occurred but for the discriminatory intent.
5. Timeliness: The claimant must file their claim with the EEOC within the required time frame, typically within 180 days of the alleged discrimination (or 300 days if the claim is also covered by a state anti-discrimination law).

If these hallmarks are met, the EEOC will investigate the claim and determine whether there is reasonable cause to believe that discrimination occurred.

Common Discrimination Scenarios Infographic

Federal Employee Discrimination Attorney FAQs

What is federal employee discrimination?

Federal employee discrimination refers to unfair treatment or harassment of an individual in the workplace based on their race, color, religion, sex, national origin, age, disability, or genetic information. This type of discrimination is illegal under federal law and can result in serious consequences for the employer.

Who is protected from federal employee discrimination?

All federal employees are protected from discrimination based on their race, color, religion, sex, national origin, age, disability, or genetic information. This includes employees of federal agencies and departments, as well as employees of private companies that do business with the federal government.

What are some examples of federal employee discrimination?

Examples of federal employee discrimination may include denial of promotions, pay raises or training opportunities based on an employee's protected characteristics, as well as harassment or a hostile work environment based on those characteristics.

What should I do if I experience federal employee discrimination?

If you experience federal employee discrimination, you should report it to your supervisor or to the equal employment opportunity (EEO) office of your agency or department. You may also consider consulting with an attorney who specializes in employment law.

What are the consequences of federal employee discrimination?

The consequences of federal employee discrimination can include disciplinary action against the offending employee or supervisor, monetary damages to the victim, and changes to the employer's policies and procedures to prevent future discrimination.

How long do I have to file a claim of federal employee discrimination?

Generally, you must file a claim of federal employee discrimination with the EEO office of your agency or department within 45 days of the discriminatory act. However, this timeline may vary depending on the circumstances of your case.

What should I expect during the federal employee discrimination complaint process?

During the federal employee discrimination complaint process, you can expect to participate in an investigation of your claim, including interviews with witnesses and the alleged offender. You may also be required to provide documentation and evidence to support your claim. The EEO office will make a determination regarding your claim and may attempt to resolve the issue through mediation or other means.

Can I be retaliated against for filing a federal employee discrimination claim?

No, it is illegal for an employer to retaliate against an employee for filing a federal employee discrimination claim. If you experience retaliation, you should report it to the EEO office or to an attorney who specializes in employment law.

Federal Employee Discrimination Statistics

The Equal Employment Opportunity Commission (EEOC) publishes annual statistics on federal employee discrimination claims. Here are some highlights from the most recent report:

• In Fiscal Year 2020, there were 7,759 new discrimination complaints filed by federal employees and applicants.
• The most common bases of discrimination alleged were reprisal (53.7%), race (34.7%), and sex (33.4%).
• The most common issues alleged were non-selection for a job (27.4%), harassment (18.4%), and discipline (14.2%).
• The EEOC resolved 7,475 complaints, resulting in $88.6 million in relief for complainants.
• The average processing time for a complaint was 463 days.
• Federal agencies reported a total workforce of 2,115,234 employees in FY 2020, of which 58.6% were male and 41.4% were female. The percentage of minority employees was 38.2%.

When To Contact A Lawyer 

If you hope to receive assistance with your discrimination case as quickly as possible, one of the things that you may want to do is consult with an experienced federal employee discrimination attorney. If you plan to file a discrimination complaint against your government employer, you can improve your chances of getting a good result with the help of a skilled attorney. Navigating a discrimination case alone can be challenging, especially when you do not understand how the process works or what to expect. With an experienced lawyer like one from the Federal Practice Group there to guide you and answer all of your questions, you can protect your rights and increase the likelihood of you getting the outcome that you want.

What you can expect during your consultation 

If you are sitting down with a lawyer for your first consultation concerning your discrimination case, you may be wondering what to expect. Before your consultation though, there are several things that you should know to be prepared. It is advised that you bring all of your legal documents, evidence, and relevant forms that you want to show a lawyer document the discrimination that you have experienced. If you have any evidence, bring that as well because they will want to see what kind you have. It will be helpful if you bring a notebook so that you can jot down notes during your consultation. 

Explore your legal options

Regardless of what kind of discrimination case you are confronted with as a federal employee, a lawyer will be able to offer legal counsel so that the appropriate parties can be held accountable for their discriminatory practices. If you have any concerns about your situation, you can depend on a lawyer to be there for you and aggressively work hard to protect your rights and obtain the outcomes that you want. To know more about your legal options, consult with a trusted attorney right away by calling to set up an appointment.

Call Federal Practice Group

As a federal employee or applicant, we have your best interest in mind. We can imagine the stress and frustration of not only being discriminated against, but not being believed. We believe in our clients, so if we represent your case, you can trust that you are in qualified hands that will be relentlessly advocating for you. Contact an attorney for federal employee discrimination from Federal Practice Group now for assistance.

What Are Examples of Discrimination?

As a federal employee discrimination attorney knows, this form of discriminatory treatment is a serious issue that has plagued the US government for decades. Discrimination in the workplace is defined as treating someone unfavorably because of their race, color, religion, sex, national origin, age, disability, or genetic information. Federal employees, who are supposed to uphold and enforce the law, are not immune to discrimination. There are several examples of discrimination that federal employees regularly experience. 

Gender Discrimination

Female federal employees have been subjected to discrimination for decades. In 2019, a female administrative judge filed a complaint alleging that she was passed over for promotion because of her gender. She claimed that a male colleague with less experience and qualifications was promoted over her. When workers are not paid equally compared to other workers of different genders, it may also qualify as gender discrimination. 

Racial Discrimination

Racial discrimination is one of the most common forms of discrimination in the federal workplace. In 2019, the Equal Employment Opportunity Commission (EEOC) reported that African American employees were more likely to experience discrimination than any other racial group. When racial slurs or other offensive or derogatory comments are used against workers of a specific race, it may be a credible racial discrimination case.

Age Discrimination

Age discrimination is another form of discrimination that federal employees may experience. In 2017, the EEOC settled a case in which a federal agency was accused of discriminating against older employees. The agency allegedly targeted older employees for layoffs and replaced them with younger, less experienced workers. Examples of age discrimination include inadequate training and lack of accommodations for elderly workers. 

Disability Discrimination

Federal employees with disabilities are also at risk of experiencing discrimination. In 2020, a blind employee of the Department of Homeland Security filed a lawsuit alleging that the agency failed to provide him with reasonable accommodations. For example, an employee may argue that they were not given access to the software they need to be able to perform their job duties properly. Disability discrimination can also come in the form of being denied a promotion or being subjected to derogatory comments.

Religious Discrimination

Discrimination that is based on religious beliefs is another common form that many employees experience. In 2020, a Muslim employee of the Federal Aviation Administration filed a complaint alleging that she was harassed and discriminated against because of her religion. The employee claimed that her supervisor made derogatory comments about Muslims and refused to grant her leave to observe religious holidays. Religious discrimination can also come in the form of being passed over for promotion or being denied training opportunities.

Sexual Orientation Discrimination

Individuals in the LGBTQ+ community are also vulnerable to discrimination in the workplace. In 2019, a federal employee filed a complaint alleging that he was harassed and discriminated against because of his sexual orientation. The employee claimed that his supervisor made derogatory comments about gay people and created a hostile work environment. As a trained federal employee discrimination attorney like one from Federal Practice Group can explain, sexual orientation discrimination can also come in the form of being denied a promotion or being subjected to derogatory comments.

Federal employee discrimination is a serious issue that affects people from all walks of life. It is important for the government to take proactive steps to prevent discrimination and create a safe and inclusive work environment for all federal employees. To learn more about available legal services, request a consultation with a qualified federal employee discrimination attorney near you.