Employee Discrimination and Harassment

Initiating an EEO Claim

As with most aspects of the federal employment system, the deadlines surrounding the EEO complaint process are tight and unforgiving. There are specific processes you must follow to make a valid claim before the EEOC:

• First, you must contact an EEO Counselor within 45 days of the discriminatory act. The counselor may suggest you attend alternative dispute resolution sessions to try to resolve the situation.
• You must file a formal complaint if the ADR process does not work. From there, the EEOC will investigate your claim. You can request that the EEOC submit a decision as to whether discrimination occurred.
• If the EEOC does not find discrimination, you can request an appeal through the EEOC.
• If you are unsatisfied with the EEOC’s opinion, we can file a case in federal district court.

If your complaint contains an issue that the Merit System Protection Board has jurisdiction over, your case is called a “mixed case” and may proceed before the MSPB. For all other EEO matters, once the agency completes its investigation, you may request an EEO hearing before a judge. The agency must complete its investigation within 180 days of filing your formal complaint.

If you do not prevail during a hearing, our employment lawyers can represent you in an appeal before the EEOC. Our firm’s goal is to seek complete and effective relief for every victim of discrimination.

The remedies may include:

• Compensatory damages
• Back pay, with interest if applicable, and lost benefits of employment such as leave lost, sick days used, lost TSP contributions
• Placement in the position the victim would have occupied if the discrimination had not occurred
• Posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation
• Corrective or preventive actions taken to cure or correct the source of the identified discrimination
• Recovery of attorney fees

Contact our team today to learn more about workplace discrimination, including what constitutes a protected class and how to navigate the U.S. Equal Employment Opportunity Commission.

Time is critical in such cases. A Federal Employee has only 45 days to contact an EEO counselor. After EEO counseling, an employee has 15 days to file a formal complaint from receipt of the notice. Contact us today, and we will work with you to complete the process quickly and efficiently.

Contact Paul N Jones Law Firm Today

We are skilled at all levels of the EEOC complaint process, from initial contact to appeals. We can help guide you through this administrative maze so you can know what is going on and that you have control over the steps we take.