Federal employees enjoy many of the same workplace anti-discrimination protections as their state and provide employee counterparts, although the laws governing employee protections differ at the federal level. The most critical protections covering state, federal, and private employees come from the Equal Employment Opportunity Commission (EEOC). EEOC protections differ slightly for federal employees. Learning about the crucial differences and how they apply to your employment situation helps you understand whether your rights were violated and what your options are.
If you believe that you experienced workplace discrimination or faced retaliation because you spoke up about it, you do have legal recourse through the EEOC. A federal employee discrimination attorney can help you assert your rights and advocate for yourself, seeking justice and fair compensation for any losses or retaliation you may suffer.
What Is The EEOC?
The EEOC refers to a federal agency, not just a law. It enforces anti-discrimination laws in the workplace and establishes new protections. The agency oversees claims based on several landmark federal laws, including:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA)
- Equal Pay Act (EPA)
- Genetic Information Nondiscrimination Act (GINA)
These laws prohibit discrimination in the workplace based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, and genetic information.
Each law also contains the legal avenues available for someone who suffered discrimination to pursue a claim or for someone who is aware of workplace discrimination to file a complaint for the EEOC to investigate.
How Does The EEOC Protect Federal Employees?
Federal employees are specifically covered under the same anti-discrimination laws enforced by the EEOC, but the process for addressing complaints differs from the route private-sector employees would take. However, as our friends from Federal Practice Group note, federal employees still have the right to legal counsel to investigate any violation of their rights.
The EEOC Administrative Complaint Process
Federal agencies each have an Equal Employment Opportunity (EEO) office; begin by filing a complaint through your agency’s office. This is an internal process, and you typically must complete these steps before escalating your complaint to a lawsuit.
You must contact the EEO counselor at your agency within 45 days of the discriminatory act. The next step is to explore informal resolution options, such as mediation. Sometimes, the complaint can be resolved simply by reporting the offending individual or noting a pattern of behavior.
If informal resolution fails, you may file a formal complaint with your agency’s EEO office. At any point in this process, however, you do have the right to retain your own lawyer. An experienced federal employee discrimination attorney can help you better understand the reporting requirements and your next legal steps.
If a formal complaint filed with the agency is denied, the next step is to appeal your agency’s decision with the EEOC, or you can file a lawsuit in federal court. At this point, seeking advice from an employment attorney can make the difference in whether your appeal or suit is successful.
Unique Protections And Key Differences For Federal Employees
Federal employees also benefit from protections afforded by the Whistleblower Act and specific requirements for employers to make reasonable accommodations for a disability under the Rehabilitation Act of 1973. While you may not work in Washington, D.C., if you work for a federal agency, you are protected by federal laws, not the laws in the state where you work.
If you experience discrimination in the federal workplace, contact an employment attorney familiar with federal laws and procedures for reporting and compensation.
