Protecting Federal Employees: Upholding Anti-Discrimination Laws and Preventing Retaliation

Discrimination in the workplace may occur in many different ways. In everyday life it is likely that you may sense someone disliking you because of your membership in a protected group--like your race. But just a belief of discrimination is not enough to win your case. In simple terms, you need to prove the following:

1. You belong to a protected group based upon your race, color, religion, national origin, pregnancy, sex, sexual orientation discrimination and gender identity discrimination, age, and genetic information discrimination. At the bottom of this page we outline the different types of discrimination.
2. You experienced an adverse employment action ("discriminatory acts") by your employer. Common examples of adverse actions include termination, suspension, demotion, non-selection for a job or promotion, performance-related decision, discipline, and other loss of job privileges or changes in working conditions like remote work. If discrimination occurs but no adverse action takes place, we call it a "hostile work environment" (harassment). Examples of unlawful harassing behaviors include verbal abuse, bullying, exclusion from social activities and aggressive gestures.
3. You can demonstrate a causal connection exists between your protected group and the adverse employment action. Generally, proving a causal connection is the most difficult part of your case. Examples of evidence employees can use (regardless of their protected class) include:
   • ​Differential treatment between employees. You may be able to achieve this through demonstrating how your employer treats you in comparison to others outside of your protected class. Example, you cannot work from home, but your colleagues can who belong to a different protected class.
   • Jokes (even if you laughed) about your protected class.
   • Remarks about stereotypes.
   • Mocking (verbal or non-verbal) gestures about a protected class. Example, mimicking an accent or the way a disabled employee walks.
   • Making fun of cultural customs.
   • Social exclusion. Example, not getting invited to happy hour.

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NOTE: Evidence of discrimination is not always obvious. It can be subtle. A total review of how the alleged bad actor treats you compared to others outside of your protected class is necessary.

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Your rights and key deadlines:

You deserve to work in a discriminatory free environment. Coming forward emboldens others subjected to similar treatment to take the brave step as well. It's not easy. Steering yourself through the federal EEO process can be difficult.  But we are here to help. Contact us today for a free consultation.

• Federal employees must contact the agency's EEO counselor within 45 days of the alleged discrimination. Once this occurs, a 30 day period of informal counseling commences. Then the agency provides the Notice of Right to File a Formal Complaint to the employee.
• If the employee wants to continue to engage in the EEO process they MUST file a Formal Complaint within 15 days of receiving their notice to file which outlines their discrimination allegations.
• The Formal Complaint kicks off a 180 day investigation into the allegations. The Agency investigator compiles all their evidence into a detailed Report of Investigation (ROI) which the federal employee can review. The ROI includes witness statements and other relevant documentation the investigator collected. Once the investigation concludes and the federal employee reviews the Report of Investigation they can decide to request a hearing before an objective EEOC administrative law judge, file a lawsuit in district court or request a final agency decision (FAD).
• Any time in the above process, it may be possible to settle your complaint.
• It is critical to comply with all federal EEO deadlines. Failure to comply can lead to the dismissal of your complaint for untimeliness. Read all documents thoroughly.  

The Pekich Law Firm PLLC represents clients in the following EEO matters:

• EEO complaints and investigations
• Final agency decisions (FAD)
• EEOC Office of Federal Operations (OFO) appeals
• EEOC administrative hearings
• Mediation
• Settlement Negotiations
• Alternative dispute resolution (ADR)
• Cease and desist letters ​

Age Discrimination

The Age Discrimination in Employment Act (ADEA) prohibits federal employers from discriminating against federal employees who are (or are perceived to be) 40 years of age or older. Examples of unlawful age discrimination include, reduction in force, non-selection for a job or promotion, discipline and performance management particularly when in the context of forcing retirement.  

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Color Discrimination

Title VII prohibits federal employers from discriminating against federal employees on the basis of color (skin color complexion).

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Disability Discrimination

The Rehabilitation Act prohibits federal employers from discriminating against disabled federal employees. Disabled federal employees that need assistance to perform the essential functions of their job can request a reasonable accommodation, e.g. remote work, intermittent leave, modified job duties, from their employer.

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National Origin Discrimination (specific country or region, e.g., Middle East)

Title VII prohibits federal employers from discriminating against federal employees on the basis of their national origin. Common examples include mocking accents, cultural customs or dress.

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Race Discrimination

Title VII prohibits federal employers from discriminating against federal employees because of their race.

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Religious Discrimination

Title VII prohibits federal employers from discriminating against federal employees because of religious beliefs, religion or lack thereof. Like disabled federal employees, Federal Agencies may be required to accommodate religious practices (flexible scheduling to attend worship services).

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Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) prohibits federal employers from discriminating against federal employees based on pregnancy, childbirth, or a related medical condition. Employers cannot deny pregnant employees from career advancement opportunities, diminish their scope or assign undesirable job responsibilities.    

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Sex Discrimination

Title VII prohibits federal employers from discriminating against female employees on the because of sex.

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Sexual Orientation Discrimination and Gender Identity Discrimination

Currently, the U.S. Equal Employment Opportunity Commission (EEOC) definition of sex discrimination includes sexual orientation discrimination and gender identity discrimination. Importantly, recent Executive Orders also prohibit the discrimination of federal employees because of sexual orientation and gender identity.

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Sexual Harassment

Title VII prohibits federal employers from subjecting federal employees (not gender specific) to sexual harassment.  Sexual harassment constitutes unwelcome verbal or physical conduct of a sexual nature. Common examples include, unwanted advances, touches, lewd language, repeated requests to go on dates and sexually offensive communications (verbal or non-verbal).  

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Retaliation

Title VII, ADEA, GINA, and the Rehabilitation Act prohibits employers from retaliating against employees who complain or raise concerns about discrimination in the workplace which can include complaints to an EEO counselor, supervisor or HR.

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