Discrimination in the federal workplace is an unfortunate reality of employment.
Yet discrimination based on personal characteristics like sex, gender, race, color, age, and religion is against the law.
Illegal discrimination encompasses actions that affect all aspects of federal employment, including hiring, firing, promotion, compensation, benefits, workplace treatment, and discipline.
If you’ve been the victim of unlawful discrimination as the result of management’s actions or inactions, you have the right to file a complaint with your agency’s Equal Employment Opportunity (EEO) office.
Read on to learn about the process of filing a charge of discrimination from an EEOC attorney who frequently takes on discrimination cases.
Jump to TopicA good first step as a federal employee filing an EEO complaint of discrimination is to search for “federal employee EEO attorney” or similar online.
Select a labor lawyer who is familiar with federal-sector EEO discrimination law and knows how to practice in front of the EEOC. Most employment attorneys do not handle federal-sector EEO complaints.
It often makes sense to look for attorneys in your area. However, modern technology and federal employment make it easy to choose attorneys who are based in other states.
In fact, there are so few attorneys focusing in this small niche that odds are you would not find one locally.
Next comes the initial consultation. During this meeting, the EEO attorney will ask questions about your case.
The EEO lawyer will also discuss their fees and what you might stand to gain if you are successful in a lawsuit. Settlement is a big topic of conversation as well, to determine what your ideal remedies may be.
The initial consultation should include a discussion of your potential damages. The EEOC awards several forms of damages to successful plaintiffs.
One type is called compensatory damages. An EEOC administrative judge awards compensatory damages in an attempt to make a plaintiff who has faced discrimination whole.
For example, the EEOC recently awarded $165,000 in compensatory damages to a United States Postal Service (USPS) employee who dealt with illegal discrimination. The USPS was also recently involved in an EEOC-approved settlement with another one of their employees.
In especially egregious cases of discrimination, the EEOC may award even higher damages.
As you can imagine, these damages serve to dissuade an agency from continuing their discriminatory behavior, and may even lead to the removal or disciplining of responsible management officials (RMOs).
After you have retained an attorney and contacted your agency’s EEO office, the EEO office will initiate the informal EEO complaint stage to try to resolve the case at the lowest level.
If unsuccessful, you can then go on to file a formal complaint with your agency. This formal complaint includes an investigation into the claims in the complaint, and involves the giving of sworn testimony to an investigator.
At the end of this formal stage, you will get a Report of Investigation (ROI) and a notice of a right to request an EEOC hearing or Final Agency Decision (FAD).
Once you file for a hearing, the case will move out of your agency and into the jurisdiction of the EEOC and an administrative judge (AJ). The AJ will, among other things, set a date for a hearing.
Sometimes, your attorney can draft a special pleading which may result in winning your case without even going to a hearing. At other times, your attorney will negotiate a settlement with your employer to resolve the case.
If neither of these outcomes occurs, your case will go to a hearing. There, an EEOC administrative judge will hear evidence from you and your employer to decide whether you suffered discrimination.
If you are successful at the hearing, the EEOC judge may choose to award you compensatory damages and other relief. Even if you are not successful at your hearing, however, you can petition the EEOC’s Office of Federal Operations (OFO) with a request for appeal.
This request for appeal essentially asks a panel of judges to give your case a second review and overturn a negative decision.
It is generally filed if you suspect that the judge improperly evaluated the facts of the case or the law. If the OFO appeal is unsuccessful, you may be able to appeal your case further.
Now that you know more about the process of filing a charge of discrimination, you can begin your search for a qualified federal-sector EEOC attorney.
Keep in mind that not all attorneys are the same. Some are experienced and others are fresh out of law school.
Even many experienced attorneys may not understand or be very familiar with the EEOC and federal employment discrimination. Consequently, you need to pick a law firm which has practiced many times in front of the EEOC.
At the Law Office of Aaron D. Wersing, PLLC., we focus exclusively on representing federal employees and helping them stand up for their rights.
We have represented and won countless cases of discrimination for our clients over the years so contact us.
You have nothing to lose by reaching out and letting us review your case. Let us fight for you today!
If you are a federal employee, ex-federal employee, or an applicant for federal employment, you can file a federal sector complaint with the EEOC.
The first step in this process is to contact an EEO counselor.
The counselor will then set up an intake interview where you will discuss your claim with them in more detail.
At the very least, you need to have the following information for your claim:
It is critical to remember you only have 45 days after the date of discrimination to contact an EEO counselor.
If you wait past that time, your complaint will probably be dismissed for being untimely, unless your claim is a continuing violation such as an ongoing failure to accommodate an employee’s disabling medical condition.
After your intake interview, the EEO counselor will offer you the option to resolve your claims in a mediation session.
However, you don’t have to schedule a mediation session if you don’t want to.
Finally, the EEO counselor will also carry out some basic fact-finding regarding your claim.
If an EEO counselor is unable to resolve your claims, you can file a formal complaint online using your agency’s provided form.
Your claims should be clear and concise to avoid the agency misinterpreting the issues.
After you submit the formal claim of discrimination with the agency and your claim is accepted, an investigator will be assigned to research your claims in more detail.
To maximize your chances of success, it is vital that you consult an EEOC discrimination attorney before filing a formal complaint.
After the formal stage, you can request a hearing from an EEOC judge via the EEOC Public Portal.
If the EEOC judge finds discrimination by your agency, then they can use a variety of remedies to make you whole again.
Examples of possible remedies include back pay, front pay, attorneys’ fees, and compensatory damages.
For most complaints, the initial burden of proof rests with the complainant (the person filing the claim).
They have to make what is called a prima facie case by establishing a few basic facts.
If they can do that, the burden of proof shifts to the employer to show that there were legitimate and non-discriminatory reasons for its action.
If the employer can meet this burden, the ultimate burden of proof then switches back to the complainant, who must prove that the employer’s reasons are just a pretext for discrimination.
Unfortunately, there is no “average” EEOC complaint. Examples can be helpful, but they are highly dependent on specific facts.
And even small details can make a huge difference in the final settlement amount, and some settlements include non-monetary items like reassignments, clean records, and can include other “creative” options depending on the employee’s goals.
If you want a better idea about what your case is worth, then you should contact a qualified employment attorney.
No two cases of discrimination are alike, so it’s difficult to estimate your chances of winning.
The chances of winning a case depend on the facts of the case and how well you can present these facts to the EEOC judge.
Collecting evidence, securing witness statements, and carrying out discovery will also help boost your chances of winning.
Most importantly, having legal representation will drastically increase your chances of prevailing in your case.
Often, yes. The EEOC can reinstate you into your position. They can also grant you a promotion or position that your employer denied you.
And they can even award you back-pay so that you receive all the compensation you should have received.
To prove discrimination, a complainant has to first make a prima facie case. The facts required to prove a prima facie case vary from one type of case to another.
However, you can meet your burden through your own testimony and objective evidence.
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
In addition to competitive pay, federal employees enjoy good benefits and a generous pension. What’s more, federal employees with at least one year of service have significant rights with respect to their job security. Federal employees have a reputation for being hard to fire because of these rights and the corresponding processes. Nevertheless, agencies may fire federal employees for various reasons, including poor performance, misconduct, or downsizing. If you’re a federal employee, you’ve probably wondered, can you lose your federal retirement benefits if fired? How Federal Retirement Benefits Work The Federal Employee Retirement System (FERS), administered by the Office of Personnel Management (OPM), awards retirement benefits to eligible employees. FERS covers employees who started their service with the government after January 1, 1987. The Civil Service Retirement Act (CSRS) covers federal employees who started working for the government before that date. FERS is a retirement program that provides benefits from Social Security, a Thrift Savings Plan (TSP), and a Basic Benefits Plan. The first two are transferable to other jobs if a federal employee leaves before retirement. These retirement benefits fully vest in employees after five years of service, though annuities won’t begin until an employee reaches minimum retirement age (MRA). For example, the federal minimum retirement age for employees born in 1970 or later is 57. Although the eligibility rules vary slightly depending on service length, federal employees with more than 10 years of service receive an annuity immediately upon reaching their MRA. Employees with 5-10 years of service can receive an annuity starting at age 62. Federal employees with at least 10 years of service can elect to take an immediate retirement or defer it. FERS reduces immediate retirement benefits by 5% per year for each year the employee is under age 62. Disability and early retirement may have slightly different timelines depending on the employee’s age and years of service. If you have questions about your federal retirement benefits, a federal employment lawyer can provide advice on your eligibility and the benefits available to you. Do Federal Employees Lose Their Retirement If They’re Fired? The short answer is no. Unfortunately, the misconception that you can lose your federal retirement benefits if fired persists even among federal employees. Many employees incorrectly believe that they will lose their federal retirement benefits if the agency fires them. However, the truth is that federal employees whose retirement benefits have vested are all but guaranteed to receive those benefits, subject to a few exceptions. Employees unaware of this may be tempted or pressured to resign if they know they are about to be fired. These employees are often under the wrong impression that by resigning, they can save the benefits they would otherwise lose. This was exactly the situation in Morrison v. Department of the Navy. In that case, the Department of the Navy alerted an employee that an adverse employment action was pending against him. The Department urged him to resign to avoid losing his retirement benefits. Ruling on the case, the Merit Systems Protection Board (MSPB) noted that retirement benefits earned over the course of a federal career “are generally available upon separation from federal service, even when the separation is agency initiated.” To be clear, this means that when an agency fires a federal employee—whether for cause, poor performance, reduction in force, or otherwise—that employee remains entitled to any vested retirement benefits. There are very limited exceptions to this rule (discussed below), but for the vast majority of federal employees, they will never be an issue. How Federal Employees Can Lose Their Retirement Benefits As mentioned above, there are only a few narrow circumstances in which federal employee will lose their retirement benefits. Under 5 U.S.C. § 8312, federal employees forfeit their retirement benefits only if they are convicted of one or more specific federal crimes. There are more than 20 in total, each covering an act against the national security of the United States, including: Related statutory sections cover additional crimes that would render a federal employee ineligible for benefits. These include: Federal employees who do not commit any of those crimes don’t have to worry about losing their benefits. Can Federal Employees with Voluntary Early Retirement Lose Their Retirement Benefits If Fired? The Voluntary Early Retirement Authority (VERA) allows government agencies to temporarily reduce the minimum age and service requirements for retirement benefits. Agencies usually use VERA to offer employees an incentive to retire voluntarily, often during a restructuring, downsizing, or reorganization. Rather than involuntarily reducing the number of employees at the agency, it may make VERA offers or Voluntary Separation Incentive Payments (VSIP) to willing employees. Unlike with FERS or CSRS, federal employees fired for poor performance or misconduct cannot take advantage of discontinued service annuities under VERA. However, they may still be eligible for a deferred benefit. Federal employment lawyers familiar with government retirement plans can help you assess your options. If you accepted a voluntary early retirement offer from a government agency, a federal employment lawyer can also advise you of your rights moving forward. Wondering If You’ll Lose Your Benefits After Being Fired? Contact Our Federal Employment Attorney The Law Office of Aaron D. Wersing has been helping federal employees with their retirement and disability benefits for many years. During that time, we’ve helped hundreds of clients reclaim their jobs, stop discrimination, and resolve other issues in the workplace. If you resigned based on false information about the status of your retirement benefits, we can help. Contact us today or call us at (833) 833-3529.
It is well known that federal employment offers many valuable benefits. Chief among these benefits is the generous federal retirement package. The retirement program in the federal government is the Federal Employees Retirement System (FERS), which Congress created in 1986. In addition to retirement benefits, FERS features survivor death benefits in some cases. Specifically, FERS survivor benefits grant a certain percentage of a deceased federal employee’s annual benefit amount to a current or former spouse. This article will discuss the key details of federal retirement survivor benefits, but it is always a good idea to reach out to a qualified federal employment attorney for additional information. How Many Types of FERS Survivor Benefits Are Available? The recipient of a deceased federal employee can receive three kinds of benefits. The first type is the current spouse survivor annuity. As the name implies, this benefit is payable only to the person who was the current spouse of the federal employee at the time of the employee’s death. The second kind of benefit is an annuity for former spouses. The former spouse annuity can arise when the deceased employee voluntarily chose to establish it before their death. Alternatively, courts can also award annuities to former spouses through a divorce decree, provided it was granted after May 7, 1985. The third and final type of benefit is a one-time lump sum benefit. These three FERS survivor benefits are available only if the employee died while employed with the federal government. How Much Can a Current or Former Spouse Receive in FERS Survivor Benefits? If you are a beneficiary of a deceased employee who retired under the Federal Employees Retirement System (FERS), you may be eligible for survivor benefits, which amount to 50 percent of the employee’s unreduced annual benefit. The federal employee’s annual benefit will depend on the deceased employee’s time in government service, age, and pay level. The federal employee has a large role in deciding how much their survivor benefits are, even to the point of deciding the spouse receives no survivor benefit. They can also elect for the spouse to have a partially reduced annuity or a fully reduced annuity. How Long Do FERS Survivor Benefits Last? Surviving spouse annuities (whether to former or current spouses) continue for the life of the spouse unless the spouse remarries before they reach age 55. There is an exception to this rule, however, if the spouse and employee were married for over 30 years. In that case, the spouse of the deceased employee will receive annuity payments regardless of whether they remarry or not. Curious to Learn More About FERS Survivor Benefits? Contact Our FERS Attorneys Today It is very difficult it is to lose a spouse. We understand that sorting out financial matters is probably the last thing you want to deal with when your spouse passes away. On top of that, the world of federal retirement survivor benefits is often difficult to navigate on your own. If your deceased spouse was a federal employee, we can help ensure that you obtain the benefits that they intended you to have. Here at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we are dedicated to assisting with all kinds of federal employment matters. We care about all of our clients, and we are passionate about ensuring that they obtain the compensation they deserve. We have many years of experience successfully helping our clients—as our client reviews show. Together, we can work with you to help maximize your FERS survivor benefits. Many people wrongly believe that hiring an attorney will cost them a small fortune. However, we don’t want money problems to prevent people from reaching out and consulting us. Don’t lose out on obtaining the federal retirement benefits you rightfully deserve. Contact us today.
If you have suffered bullying in the workplace, you might be able to receive relief under federal law if the bullying has certain characteristics. As a federal employee, you can maintain legal action for bullying if that bullying also qualifies as harassment under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If you are unsure if bullying at work is actionable, don’t resign yourself to the stress and fear, contact an experienced workplace bullying lawyer immediately for help. You do not have to tolerate working in a hostile work environment, let alone any workplace bullying. Is Workplace Bullying Illegal? It depends. Federal laws on workplace bullying are really laws against harassment. Employment bullying qualifies as illegal harassment if it’s a condition to continue your employment or it’s severe and pervasive enough for a reasonable person to consider it hostile. Bullying cannot be illegal harassment unless it’s unwelcome conduct motivated by one of the following factors: Your employer can be guilty of harassing you for being a member of a protected group mentioned above or for perceiving you to be a member of a protected group. Your employer can be liable for harassment committed by a supervisor, one of their agents, a co-worker, or a non-employee. You also don’t have to be the person harassed to maintain a legal action. If harassment of another person affects you, you could have a claim. Can You Sue For Workplace Bullying? You may be wondering, can you sue for workplace bullying? Yes. Legal action against workplace bullying is available to you if the bullying fits the definition of harassment under federal law. However, federal employees can bring workplace bullying lawsuits only after they have followed the steps to make an administrative complaint with the federal Equal Employment Opportunity (EEO) office. What Is the Procedure for Filing Workplace Bullying Complaints and Workplace Bullying Lawsuits? There are many steps on the way to filing a lawsuit against your employer for harassment. Suing for workplace bullying can be a complicated process, and a lawyer for workplace bullying can help you fulfill every step. 1. Filing a Workplace Bullying Complaint If you are a federal employee, bullying in the workplace law requires that you first reach out to an EEO counselor at your employer’s agency within 45 days of suffering harassment. You can either take part in counseling or alternative dispute resolution (ADR). If ADR or counseling doesn’t solve the problem, you can file a formal complaint with your agency’s EEO office. You have 15 days after receiving an EEO counselor’s filing notice to file a complaint. The agency can either dismiss your complaint for procedural reasons, or conduct an investigation. The agency has 180 days to investigate. After investigating, the agency gives you a notice about asking for a hearing or issuing a decision about whether there was discrimination. If you want a hearing, it is held before an administrative law judge. You have 30 days from the agency’s hearing notice to file for a hearing. You can request a hearing in writing or online. After the judge makes a decision, the agency gets 40 days to decide if they are going to grant you relief that the judge orders. This decision is called a final order. If you don’t agree with the final order, you can request an appeal within 30 days. You can also ask for reconsideration of the appeal decision within 30 days. If you follow the procedure correctly, you have many chances to get justice against harassment. An experienced attorney for workplace bullying can preserve your rights at every level of the process. How To File A Workplace Bullying Lawsuit Once you have been through the administrative complaint and appeals process, you can file a bullying-at-work lawsuit. There are a number of different times when you can file a lawsuit, depending on the situation. To file a lawsuit against your employer for violating laws against workplace bullying, you have to follow these timelines: A workplace bullying attorney can determine if the time is right for you to file a lawsuit and champion your rights to a safe workplace in court. If you are curious about workplace anti-bullying laws by state, many of them are similar to the federal laws (though deadlines and procedures vary). But you must follow the federal procedures above if you are a federal employee. Contact Our Federal Employment Attorneys for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck, and you should not have to work in a hostile work environment. The workplace bullying lawyers at the Federal Employment Law Firm of Aaron D Wersing PLLC are experienced in federal employment law and dedicated to protecting federal employees’ rights. Contact us online or call us at 866-508-2158 for the guidance and protection you need.
