Federal Employment Discrimination Lawyers

Why Hire the National Security Law Firm?

At the National Security Law Firm, we specialize in championing the rights of federal employees subjected to workplace discrimination. Understanding the nuances of federal employment law, we’re committed to fighting your battle and maximizing your case’s value. With us, it’s not just about seeking justice; it’s about securing the compensation and recognition you rightfully deserve.

At the National Security Law Firm, we pride ourselves on our:

• Commitment to Maximizing Your Case’s Value: We go beyond traditional legal tactics to employ innovative strategies that enhance the strength and value of your case, ensuring you receive the maximum compensation possible. Maximizing the outcome of your claim is always our number one priority.
• Expertise in Federal Employment Law: Our firm is at the forefront of employment law, with a dedicated focus on the unique landscape of federal employment. This specialized knowledge means your case is handled with the precision and expertise it warrants.
• Superior Negotiation Skills: The federal employment discrimination lawyers at the National Security Law Firm excel in negotiating with the federal government and their representatives, effectively employing persuasive negotiation techniques to advocate for your rights. We aim to secure a favorable settlement that adequately addresses your needs and provides appropriate redress for the discrimination you’ve endured.
• Deep Empathy for Your Situation: Having worked closely with countless federal employees – and being former federal employees ourselves – we don’t just see the legal case; we feel the emotional and professional toll discrimination takes. Your fight is personal to us.
• Reasonable Fees for Unmatched Services: We believe in providing exceptional legal representation at reasonable fees. Moreover, in some cases, we can represent you on a contingency basis, meaning you pay us only if we win your case.
• Transparent Communication: From the moment you engage in our services, you receive unwavering support and guidance. We’re here to navigate the complexities of your case, offering clarity and confidence every step of the way. You’ll be kept in the loop at every stage with honest, clear communication about your case and our fees.
• A Record of Success: Our history speaks for itself. We’ve successfully navigated the complex terrain of federal employment discrimination, achieving significant victories for our clients. Your success is our success.
• Nationwide Representation. We represent federal employees in all 50 states.

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Our federal employment discrimination lawyers at the National Security Law Firm will meticulously assess your damages, including lost wages, emotional distress, and other compensatory damages. We leverage our extensive experience to maximize your case’s value and secure the highest possible compensation for your losses by strategically presenting evidence and arguments.

Don’t settle for less. Choose the National Security Law Firm and invest in a team that’s as invested in maximizing your case’s value as you are. Contact us today for a free, easy-to-schedule, confidential consultation and discover how we can enhance the outcome of your discrimination lawsuit, all while offering reasonable fees that respect your financial considerations.

What Is Employment Discrimination?

The U.S. Equal Employment Opportunity Commission (EEOC) upholds Federal laws prohibiting employment discrimination. These laws safeguard you from discrimination in various scenarios.

Discriminatory practices within the workplace encompass:

1. Unfair treatment based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
2. Harassment by managers, colleagues, or others in your workplace due to your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information.
3. Denial of reasonable workplace accommodations necessary for your religious beliefs, disability, pregnancy, childbirth, or related medical conditions.
4. Retaliation for lodging a complaint about job discrimination or aiding in a job discrimination investigation or lawsuit.

Are There Exceptions?

Certain exceptions to employment discrimination laws exist. For instance, discrimination may be permissible when a specific characteristic is a bona fide occupational qualification (BFOQ) crucial to business operations. Nonetheless, these exceptions are narrowly defined and rigorously interpreted by the courts. 

Key Federal Discrimination Laws

Employment discrimination law in the United States derives primarily from federal statutes such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA). These laws prohibit discrimination across various facets of employment and offer safeguards for distinct groups of individuals.

Title VII of the Civil Rights Act of 1964 is a cornerstone of U.S. employment law, prohibiting employers from discriminating based on sex, race, color, national origin, and religion. Title VII prohibits discrimination in all aspects of employment, including hiring, compensation, promotions, training, and terms or conditions of employment. It also covers harassment and retaliation against those opposing discriminatory practices.

The Equal Pay Act of 1963 (EPA) addresses wage discrimination based on sex, requiring equal pay for substantially similar work performed under comparable conditions, regardless of gender. Factors such as skill, effort, responsibility, and working conditions determine job equality under the EPA.

The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in various spheres, including employment. Title I of the ADA mandates that employers provide equal opportunities to qualified individuals with disabilities, including reasonable accommodations, unless it imposes undue hardship.

The Age Discrimination in Employment Act of 1967 (ADEA) safeguards individuals aged 40 and above from discrimination in employment matters. It prohibits age-based discrimination in hiring, promotion, termination, compensation, and terms of employment. The ADEA also prohibits retaliation against those opposing age discrimination or participating in related proceedings.

The ADA and the ADEA include provisions for reasonable accommodations, although the ADEA’s application is limited to cases where age intersects with a disability defined under the ADA.

Sections 501 and 505 of the Rehabilitation Act of 1973 prohibit discrimination against qualified individuals with disabilities who work in the federal government.

Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employment discrimination based on genetic information about an applicant, employee, or former employee.

The Civil Rights Act of 1991 amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Who Enforces Employment Discrimination Laws?

Enforcing federal discrimination laws falls under the Equal Employment Opportunity Commission (EEOC) purview. This federal agency investigates discrimination complaints, facilitates the resolution of disputes, educates both employers and employees on their rights and obligations, and may initiate legal action against employers found engaging in severe instances of discrimination.

In addition to the abovementioned laws, other federal laws not overseen by the EEOC also bar discrimination and retaliation against federal employees and job seekers. The Civil Service Reform Act of 1978 (CSRA) encompasses various prohibitions, termed prohibited personnel practices, to foster fairness in federal personnel matters (5 U.S.C. 2302). Under the CSRA, individuals with the authority to make certain personnel decisions are forbidden from discriminating in employment matters based on race, color, national origin, religion, sex, age, or disability. Additionally, it stipulates that personnel actions such as marital status and political affiliation must not be influenced by characteristics or behavior that do not adversely impact job performance. Furthermore, the CSRA prohibits retaliation against federal employees or applicants who engage in whistleblowing activities or exercise their right to lodge appeals, complaints, or grievances. Enforcement of the CSRA falls under the purview of the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

Discrimination Laws by Type

 As a federal employee or job applicant, you are protected by law from discrimination based on the following:

• Age (40 or older)
• Disability
• Equal Pay/Compensation
• Genetic Information
• Harassment
• National Origin
• Pregnancy
• Race/Color
• Religion
• Sex
• Sexual Harassment
• Sexual Orientation and Gender Identity
• Retaliation

This means federal agencies cannot make employment decisions (hiring, promotions, terminations, etc.) for federal employees and applicants based on these characteristics.

Federal Sector EEOC Complaint Process Overview

When initiating a complaint, you typically begin by contacting your agency’s Equal Employment Opportunity (EEO) office. It’s crucial to adhere to the appropriate complaint processes and procedures within your agency before the EEOC grants permission for a hearing.

Navigating the EEOC complaint process requires adherence to specific steps to ensure the validity of your claim:

1. Initiate Contact: Within 45 days of the discriminatory incident, you must contact an EEO Counselor. Some events, like a failure to accommodate a disabling medical condition, may be considered continuing violations, resetting the timeline with each day the agency fails to provide an accommodation. The counselor may propose alternative dispute resolution sessions to resolve the matter. After initial EEO contact, you enter the informal processing stage, lasting either 30 or 90 days, depending on the route chosen (Counseling or ADR/Mediation). At the end of this stage, you’ll receive a Notice of Right to File a Formal Complaint, allowing 15 days to file.
2. Formal Complaint Filing: If the alternative dispute resolution process proves ineffective, you must proceed to file a formal complaint. Following this, the EEOC will investigate your allegations. You can request a decision from the EEOC regarding the occurrence of discrimination.  After submitting a formal complaint, the agency will assess whether it should be dismissed due to procedural grounds, such as if the claim was filed beyond the allotted time frame. Should the agency not dismiss the complaint, it will proceed with an investigation, which must be completed within 180 days of filing. At the end, you’ll receive a Report of Investigation (ROI) and a Notice of Rights, with options to request either a hearing before an EEOC Administrative Judge or a decision from the agency regarding the occurrence of discrimination.
3. Final Agency Decision: If you opt for the agency to render a decision and it concludes no discrimination occurred, or if you disagree with any aspect of the decision, you can appeal the decision to the EEOC or contest it in a federal district court.
4. Hearing Request and Administrative Process: Should you opt for a hearing, you must make a written request within 30 days of receiving the agency’s notice. An EEOC Administrative Judge will conduct the hearing, render a decision, and order relief if discrimination is established.
5. Final Order and Appeal: Following the Administrative Judge’s decision, the agency will issue a final order indicating its agreement with the decision and any ordered relief. You can appeal this final order to the EEOC Office of Federal Operations within 30 days.
6. Request for Reconsideration and Conclusion: If dissatisfied with the EEOC’s decision on your appeal, you may request reconsideration within 30 days. Once a decision is made on your request, it becomes final, concluding the administrative process.
7. Filing a Lawsuit: You may file a lawsuit in federal district court under certain circumstances, including when 180 days have passed from filing your complaint without an agency decision or within 90 days of receiving the agency’s decision or the EEOC’s decision on your appeal.

The EEOC has created a helpful visual flowchart that provides an overview of the possible paths a charge of discrimination may take.

At the National Security Law Firm, our expertise spans all stages of the EEOC complaint process, from initial contact to appeals. We offer guidance throughout this administrative journey, ensuring you remain informed and empowered, with control over the steps we take.

Can I Be Fired if I File an EEOC Complaint?

Employers are prohibited from retaliating against employees for filing discrimination complaints. Retaliation, including termination, demotion, or harassment, based on filing a complaint is illegal. Despite this protection, some employers may act unlawfully upon receiving notice of a complaint. Retaliation is a prevalent issue, with the EEOC reporting it as the most commonly filed charge in 2019, comprising over half of all charges filed.

Who Is Covered by Employment Discrimination Laws?

Federal employees and job applicants are covered by employment discrimination laws, regardless of the agency’s size in terms of the number of employees. Protection extends to full-time and part-time employees, certain categories of independent contractors, volunteers, and even former employees who may encounter discriminatory practices concerning references or rehire eligibility.

How Can I Prove Employment Discrimination?

 Establishing a case for employment discrimination requires navigating the complex task of showing that unlawful bias – rather than valid business motives – drove an employer’s actions. Nonetheless, adopting various strategies and evidence types can significantly strengthen a case.

1. Direct Evidence

Direct evidence unequivocally demonstrates discriminatory intent through clear, unambiguous statements or actions. For instance:

• Verbal or written comments revealing prejudice against certain races, genders, ages, disabilities, religions, or other protected groups.
• Company policies or practices that overtly disadvantage specific employee groups based on their protected characteristics.

2. Circumstantial Evidence

Direct evidence is usually hard to come by. Thus, many discrimination claims are supported by indirect or circumstantial evidence that infers bias. Circumstantial evidence includes:

• Disparate Treatment: Evidence showing the employer’s different treatment of an employee compared to peers in similar roles who are not of the same protected class.
• Disparate Impact: Evidence that a seemingly neutral company policy adversely affects employees of a particular race, sex, age, etc., in a way that is unnecessary for the operation of the business.

3. Statistical Evidence

Statistical data can reveal discrimination patterns affecting not just one individual but an entire group through:

• Analyses revealing wage gaps.
• Differences in promotion rates among different demographic groups.
• The distribution of protected classes in company layoffs.

4. Comparative Evidence

This involves demonstrating discrimination by comparing the treatment of employees within and outside the protected class under similar conditions, highlighting:

• Preferential treatment of non-protected class employees.
• Inconsistent enforcement of rules or evaluation criteria.

5. Retaliation Evidence

Evidence that an employee was penalized for engaging in protected activities, like filing a discrimination complaint, can reinforce a case.

6. Documentation and Records

Key documents can counter claims against the employee or reveal biases, including:

• Performance Evaluations: A history of positive reviews can dispute allegations of poor performance.
• Employer Communications: Emails or notes that may exhibit discriminatory sentiments or inconsistent reasoning for adverse actions.
• Policies and Procedures: An examination of how company policies are applied can uncover discriminatory practices.

7. Witness Testimony

Statements from others within the workplace who have observed or experienced discrimination can be compelling, including firsthand accounts of discriminatory acts.

8. Legal Insights and Expert Analysis

• Legal professionals can offer crucial insights into the significance of evidence for proving discrimination.
• Expert witnesses might analyze the discrimination context, providing broader insights into workplace bias.

What Are the Time Limits that Apply to Discrimination Claims?

In cases of employment discrimination, timing is crucial. A federal employee must initiate contact with an EEO counselor within 45 days. Following EEO counseling, the employee has 15 days to file a formal complaint upon receiving the notice. Subsequently, the agency will conduct an investigation and produce a Report of Investigation (ROI). If the agency fails to issue the ROI and 180 days have elapsed since the formal complaint was filed, the employee can request a hearing at the EEOC and petition for an Administrative Judge (AJ) to be appointed.

Upon receipt of the ROI, the employee has several options, including requesting a hearing from the EEOC, seeking the issuance of a final agency decision, or directly filing a civil action in federal district court.

What Remedies Are Available to Federal Employees Who Have Been Discriminated Against?

Under federal employment law, remedies for a federal employee who has been discriminated against can vary depending on the nature and severity of the discrimination. Remedies for employment discrimination may include:

• Job reinstatement: If the employee was wrongfully terminated or demoted due to discrimination, they might be entitled to reinstatement to their former or comparable positions within the organization.
• Back pay: This refers to compensation for wages and benefits that the employee would have earned if not for the discriminatory actions. Back pay is typically calculated from the discriminatory action date to the resolution date.
• Front pay: In cases where reinstatement is not feasible or practical, front pay may be awarded to compensate the employee for future lost earnings and benefits.
• Compensatory Damages: These are monetary awards intended to compensate the employee for emotional distress, pain and suffering, and other non-economic harm caused by the discrimination.
• Punitive damages: In cases of egregious or willful discrimination, punitive damages may be awarded to punish the employer and deter future discriminatory behavior.
• Attorney’s Fees and Costs: If the employee prevails in a discrimination claim, they may be entitled to recover reasonable attorney’s fees and litigation costs incurred during the legal proceedings.
• Injunctive Relief: In some cases, the court may issue injunctive relief to stop ongoing discriminatory practices or require the employer to implement policies and procedures to prevent future discrimination.
• Training and Education: Employers may be required to provide training and education programs to employees and supervisors to raise awareness of anti-discrimination laws and promote a more inclusive work environment.
• Reasonable Accommodation: A reasonable accommodation is a modification or adjustment to a job, the work environment, or how things are usually done that enables a qualified individual with a disability to enjoy equal employment opportunities.

It’s important to note that the specific remedies available to a federal employee in a discrimination case may vary depending on factors such as the applicable laws, the circumstances, and the outcome of legal proceedings. Consulting with an experienced attorney specializing in federal employment law can help the employee understand their rights and options for seeking redress for discrimination in the workplace.

Do I Need a Lawyer to File an EEOC Claim?

While federal law does not mandate the retention of a lawyer to file a complaint with the EEOC, seeking legal counsel can be invaluable in understanding your rights and navigating the complexities of the process.

EEOC-related claims often involve intricate legal nuances, and even minor errors or missed deadlines can jeopardize your claim and hinder your ability to obtain legal remedies.

When considering legal representation, prioritize attorneys with experience handling cases similar to yours. Federal-sector Equal Employment Opportunity (EEO) claims differ significantly from those in the private sector, requiring a lawyer well-versed in the nuances of the federal complaint process and capable of handling potential litigation.

What Are the Legal Costs Associated with an EEOC Lawsuit?

The costs associated with pursuing complaints of hostile work environment (HWE), discrimination, harassment, or retaliation vary depending on your stage in the complaint process and your objectives.

When you engage our firm, our federal EEOC lawyers will comprehensively explain the entire process, including any potential costs and fees you may incur. Additionally, we will outline the possibility of reimbursement for incurred fees by your agency. In some cases, our law firm may decide to handle your case on a contingency basis, meaning there is no fee unless we recover for you.

How Can I Maximize the Value of My Federal Employment Discrimination Claim?

 Maximizing the outcome of your federal employment discrimination lawsuit comes down to strategic planning, thorough preparation, and skilled advocacy.

At the National Security Law Firm, our federal employment discrimination lawyers make maximizing every client’s case value their number one goal. Some of the ways we work to maximize the outcome of our client’s cases include:

1. Early and Comprehensive Case Assessment

• Evaluate the Merits: We conduct a thorough initial assessment of the case to understand its strengths and weaknesses.
• Understand the Client’s Goals: We determine what the client hopes to achieve, whether it’s monetary compensation, reinstatement, or other remedies.

2. Meticulous Evidence Gathering

• Document Collection: We collect all relevant documents from the client, including emails, texts, performance reviews, and any documentation related to discrimination.
• Witness Identification: We identify and interview potential witnesses who can support the client’s claims.

3. Expert Utilization

• We employ the best experts in employment law, workplace discrimination, or forensic evidence to strengthen the case, provide credibility, and possibly testify on behalf of the client.

4. EEOC Compliance and Strategic Filing

• We ensure timely filing of the charge with the Equal Employment Opportunity Commission (EEOC) and navigate the investigation process effectively.
• We consider the timing and strategy for moving from the EEOC process to litigation, including the possibility of mediation through the EEOC.

5. Skillful Litigation and Pre-trial Strategies

• Pleadings: We draft compelling complaints and responsive pleadings that clearly articulate the basis of the discrimination claim.
• Discovery: We aggressively pursue discovery to gather evidence from the employer, including depositions, interrogatories, and document requests.
• Motions: We utilize pre-trial motions to challenge the employer’s defenses and to seek favorable rulings on key legal issues.

6. Superior Negotiation Skills

• Our attorneys are expert negotiators, seeking to obtain the maximize outcome for each client. We negotiate settlements with a strong understanding of the case’s value and your goals.
• We prepare for and participate in mediation or alternative dispute resolution processes as appropriate, presenting a strong case to maximize settlement terms.

7. Trial Preparation and Execution

• We prepare meticulously for trial, including witness preparation, evidence organization, and opening and closing statements.
• We are ready to cross-examine defense witnesses effectively and to present a compelling narrative to the jury or judge.

8. Appeals and Post-Judgment Actions

• We consider the potential for appeal, both in defending a favorable judgment and challenging an unfavorable one.
• We pursue post-judgment actions to secure and collect any awards or settlements.

9. Client Communication and Support

• We keep the client informed and involved in the decision-making process throughout the lawsuit.
• We provide support and resources for dealing with litigation’s emotional and financial stress.

10. Continued Education and Awareness

• We stay updated on the latest developments in employment law and federal discrimination statutes to ensure the most current strategies are employed.

As you can see, every step of the process is a chance to maximize your case value. The federal employment discrimination lawyers at the National Security Law Firm keep this in the forefront of our minds throughout our representation.

In short, the lawyer you choose to represent you plays the most crucial role in maximizing the value of your discrimination claim, ensuring that justice is served and that clients are compensated for their experiences.

Ready to Stand Up Against Discrimination?

Our federal employment discrimination lawyers at the National Security Law Firm will meticulously assess your damages, including lost wages, emotional distress, and other compensatory damages. We leverage our extensive experience to maximize your case’s value and secure the highest possible compensation for your losses by strategically presenting evidence and arguments and negotiating when necessary.

We set the bar. Choose the National Security Law Firm and invest in a team that’s as invested in maximizing your case’s value as you are. Contact us today for a free, easy-to-schedule, confidential consultation and discover how we can enhance the outcome of your discrimination lawsuit, all while offering reasonable fees that respect your financial considerations.