Federal Employee Discrimination Complaints: Your Rights and Filing Process
Federal employees face unique challenges when they pursue discrimination complaints. Federal employee discrimination complaints must follow a strict EEO process, starting with an informal complaint to the agency EEO counselor within 45 days of the discriminatory event, and may lead to a formal complaint, an EEOC hearing, or a federal lawsuit.
The attorneys at Capovilla & Williams are experienced in federal-sector employment issues, including discrimination claims. Call 866-951-0466 or complete our online form to schedule a free, no-obligation consultation on your rights and options.
What Constitutes Discrimination Against Federal Employees?
Under federal law, it is illegal to discriminate against a federal employee based on:
- Race.
- National Origin.
- Sex (including transgender status, sexual orientation, and pregnancy).
- Disability.
- Age (40 and older).
- Religion.
Additionally, federal employees who file complaints or other “protected activity” may not be retaliated against on that basis. In addition to these protections under EEO law, several Executive Orders prohibit discrimination based on marital status, parental status, and political affiliation.
Discrimination may take many forms in the federal sector, including demotion, failure to promote, disciplinary actions, termination, or harassment (hostile work environment). Often, an employee feels that discrimination within the agency has occurred over several months or even years, but it is essential to understand the time limitations for filing complaints.
Federal Discrimination Complaint Time Limitations and Waiver
As a federal worker, you must complain more quickly than a private sector employee. In general, you have 45 days to informally complain after a discriminatory event under 29 CFR 1614.105(a)(1), and this complaint is an absolute prerequisite to filing a formal complaint later on. In most instances, the federal employee must contact the agency EEO counselor and report the incident. If a worker is complaining of a personnel action, the 45-day time limit begins on the effective date of the action. If a worker fails to initiate a complaint through this process, they may be found to have waived the claim. There are several exceptions to this waiver, including tolling the 45-day time limit due to circumstances beyond the employee’s control. Additionally, in cases involving a hostile work environment and ongoing discrimination, the complaint may be found timely if one instance of discriminatory harassment is within the 45-day time limit.
Making that first informal complaint of discrimination is only the first step in the federal sector EEO complaint process.
Federal Sector EEO Complaint Timeline and Process
Federal employees who wish to complain about illegal discrimination must follow the federal sector EEO complaint process:
Step 1: Contact your EEO Counselor.
Federal sector employees must initiate a discrimination complaint within 45 daysby contacting their agency EEO Counselor. The EEO Counselor will likely give you the option of engaging in either EEO counseling or Alternative Dispute Resolution (ADR), such as mediation. If this step is unsuccessful, you may file a formal complaint with the agency.
Step 2: File a Formal Agency Complaint
Once you receive notice that the informal process was not successful, you have a minimal time to file a formal complaint. Contact your agency’s EEO office for the form and specific details of filing a formal complaint with your agency. The agency will review the complaint and begin an investigation, which must be completed within 180 days. After the investigation is completed, your agency will offer you the option of a hearing before an EEOC Administrative Judge or waiving the hearing and requesting an immediate decision.
Step 3: Hearing
If you decide to ask for a hearing, you must make a written request or an online request through the EEOC Public Portal. An Administrative Judge oversees the hearing and makes a decision regarding the merits of your claim. The hearing process is an excellent opportunity to gain information from the agency regarding your case, even if you ultimately go to federal court. Both the employee and the agency will have a chance to present witnesses, documents, and other evidence. The rules of evidence are more relaxed in an administrative hearing than in a court trial, but it isn’t easy to effectively present your case without counsel. Following your hearing (if you request one), the Administrative Judge will issue a decision to the agency.
Step 3: Agency Decision (Final Order)
The Agency will review the Administrative Judge’s findings (or the investigation file if you did not request a hearing) and will issue an agency decision, known as a Final Order. The agency will have 40 days to issue the Final Order. The Final Order will contain information on your right to appeal, including the right to file a complaint with the EEOC or in federal District Court. If you disagree with all or part of the agency’s Final Order, you can appeal to the EEOC, or you can file a lawsuit in federal district court.
Step 4: File a Complaint with EEOC Office of Federal Operations (or proceed directly to Step 5)
After you receive your Final Order (agency decision), you may file a complaint with the EEOC Office of Federal Operations within 30 days. This filing may be done through the online portal. The EEOC will issue a decision after review of your file, but you may quit the process anytime after 180 days and proceed to the federal district court.
Step 5: File a Lawsuit in Federal District Court
After issuance of a Final Order (including one dismissing your complaint), you have the option of proceeding to federal district court. As with every step in the federal sector EEO process, filing a lawsuit is subject to time limits. In general, the following limits apply:
§ If you receive a Final Order, you must file within 90 days of receipt of the Order.
§ If you pursue an EEOC complaint, you must file a lawsuit within 90 days of receipt of the EEOC decision.
§ If you filed an agency complaint and 180 days have passed without a decision, you may request to quit the process and proceed to court.
§ If you filed an EEOC complaint, and 180 days have passed without a decision, you may request to quit the process and proceed to court.
The federal sector EEO complaint process is long and time-consuming. But you must go through the administrative complaint process before you can file a lawsuit. This process gives you an excellent opportunity to seek information on your case from the agency. The experienced EEO attorneys at Capovilla & Williams understand this process and can guide you on keeping it manageable and effective.
How Can I Succeed in a Federal Employee Discrimination Case?
It may seem daunting to fight discrimination when the opposing party is the federal government. While the agency and government may have a wealth of resources at their disposal, federal employees have protections and civil rights. It may be challenging to go against your agency employer, but you can do it with effective counsel on your side.
As you pursue your federal claim of discrimination, remember these things:
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Seek experienced legal counsel immediately. Federal sector EEO rules and regulations are complex and challenging to comprehend. Having effective counsel experienced in federal sector EEO law is critical to your success. Reach out to a qualified attorney promptly due to time constraints.
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Be mindful of time limitations. Federal sector EEO claims involve several stages, and each stage has a limited time period during which to file a complaint. If you miss the time limits, you may waive your claim. If you have missed a time limit, contact counsel to ensure that your claim has been waived, as numerous exceptions and tolling of the time limits are allowed under federal law.
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Litigation is a long game. If you do proceed to federal court, remember that litigation of discrimination claims is a lengthy process that will take more than a few months.
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Retaliation is illegal. If you face harassment or adverse action following the filing of a claim or lawsuit, you may file a separate claim for retaliation after protected activity. Retaliation claims are often easier to prove than the original discrimination claim. With an EEO attorney on your side, you can quickly complain of retaliation and protect your position and career.
Federal Employee Discrimination FAQs
- Can I sue my federal employer for discrimination?
Yes, you can file a lawsuit in federal court against a federal employer, but only after you engage in the administrative complaint process.
- What if I miss the 45-day deadline for an EEO complaint?
Deadlines for federal worker employment discrimination claims are essential and should never be ignored by someone contemplating filing a complaint. Having said that, a waiver is a complicated legal issue, and there are exceptions, such as continuing violations. You should discuss the case with an experienced attorney before assuming any waiver of your rights.
If you are experiencing illegal discrimination, contact the experienced attorneys at Capovilla & Williams for a free, no-obligation consultation. We will discuss your claim and review options for moving forward. All discussions with you are completely confidential, regardless of whether you decide to hire our law firm. Due to the time limitations in federal EEO claims, it is crucial to act promptly to prevent the loss of rights and options. Call 866-951-0466, or complete our online form, and we will get back to you.
