Federal Employment Law Blog

When facing proposed disciplinary action as a federal employee, review the detailed allegations in the proposal, respond both in writing and orally to address each point with supporting evidence, and consider using mitigating factors to argue for reduced discipline, awaiting the final decision with options for appeal if necessary.

In EEO cases against the federal government, you can seek compensatory damages for quantifiable losses like medical expenses and lost wages, as well as non-pecuniary damages for emotional pain and suffering, although punitive damages are not available and non-pecuniary damages are capped at $300,000.

Proving discrimination in EEO cases requires more than just a belief; it demands evidence, either direct, like derogatory comments, or circumstantial, such as differing treatment compared to peers outside your protected class. Effective strategies include examining discrepancies in workplace behaviors, privileges, opportunities, and social interactions to build a compelling case.

Federal employees can request reasonable accommodations due to medical conditions by simply informing their employer, initiating an interactive process to explore possible adjustments, with the final decision made by the agency based on job essentials and potential undue hardship.

The Department of Labor’s Office of Workers' Compensation Programs (OWCP) provides federal employees with benefits such as wage replacement and medical treatment for work-related injuries or diseases, utilizing forms like CA-16 for urgent traumatic injuries and CA-20 for occupational diseases, with claims processed through the ECOMP portal.

Discrimination and retaliation involve unfair personnel actions based on protected class status or EEO activity, requiring EEO counselor contact within 45 days, while harassment or hostile work environment involves pervasive conduct creating an offensive setting, necessitating at least one reported incident within the same timeframe.

The federal EEO process includes contacting an EEO counselor within 45 days of an incident, potentially engaging in up to 90 days of counseling or mediation, filing a formal complaint within 15 days after mediation, undergoing a detailed investigation lasting up to 180 days, and finally choosing between an EEOC hearing or a final agency decision within 30 days of receiving the investigation report.

EEO counseling initiates the EEO complaint process, offering up to 90 days of traditional counseling or agency-approved mediation to resolve discrimination, harassment, or retaliation allegations.