The Federal Aviation Administration. The U.S. Post Office. The U.S. Navy.
All are large government agencies that the Law Office of Michael T. Smith & Associates have taken to trial on behalf of employees who have been discriminated against, unjustly fired, or otherwise unfairly treated on the job. We have fought for our clients throughout northern Illinois and surrounding counties in more than 200 cases in federal court during our three decades of trial experience.
Federal employees who have been wronged at work benefit from many of the same protections that private-sector workers do, but there are some differences including:
If you’re an employee of – or applicant to – a federal agency, and you believe that you’ve been discriminated against, you have the right to file a complaint with that agency.
With decades of experience in public sector employment discrimination in Illinois, the Law Office of Michael T. Smith & Associates can help you to navigate and get the most from what can be a lengthy and time-consuming process.
Aimed at federal employees and applicants, this anti-discrimination law is enforced by the Office of Special Counsel and the Merit Systems Protection Board.
The act dictates that employees with authority can’t take personnel action that favors or discriminates against co-workers or applicants on the basis of:
Federal employees with authority can’t make personnel decisions based on attributes or conduct – for example, political affiliation, marital status, or sexual orientation – that don’t negatively impact job performance.
Also, it’s illegal to bring reprisal against federal employees or applicants for whistleblowing or for exercising an appeal, complaint, or grievance right under the law.
Federal employees enjoy a robust set of protections against workplace discrimination, established through a comprehensive framework of laws and regulations. These protections encompass various employment aspects, including hiring, promotions, disciplinary actions, and terminations, extending across a wide spectrum of personal characteristics that define individuals. Below, you will find frequently asked questions accompanied by detailed answers designed to enlighten federal workers about their rights and available options in the event they face discrimination.
Federal employees are safeguarded by several critical laws, which include:
Title VII of the Civil Rights Act of 1964 – This landmark legislation prohibits any form of discrimination based on fundamental characteristics such as race, color, religion, sex, or national origin, ensuring a level playing field for all individuals.
Age Discrimination in Employment Act (ADEA) – This law specifically protects individuals aged 40 and older from discrimination, recognizing the value and contributions of older employees in the workforce.
Rehabilitation Act of 1973 – This act serves to prohibit discrimination against individuals with disabilities in federal employment, promoting an inclusive work environment for all.
Genetic Information Nondiscrimination Act (GINA) – GINA prevents discrimination based on genetic information, safeguarding employees from being treated unfairly due to their familial medical history.
These protective laws are enforced by the Equal Employment Opportunity Commission (EEOC) and apply uniformly to all federal agencies.
Federal law expansively prohibits discrimination based on numerous factors, including:
Discriminatory practices can manifest in myriad ways throughout the employment process, affecting hiring decisions, promotions, pay scales, job assignments, training opportunities, benefits, and even the termination of employment.
The process for filing a discrimination complaint as a federal employee involves several critical steps:
Reach out to an Equal Employment Opportunity (EEO) Counselor within your agency within 45 days of the occurrence of the discriminatory act. The EEO Counselor will initially work toward resolving the issue informally through dialogue and mediation. If the matter remains unresolved, you are then entitled to file a formal complaint with the agency’s EEO office. The agency will conduct a comprehensive investigation of the complaint and subsequently issue a decision based on the findings. Should you disagree with the agency’s decision, you have the right to appeal to the EEOC, request a hearing, or pursue legal action in federal court. It is essential to act promptly, as strict deadlines govern each phase of this process.
Retaliation against employees is unequivocally illegal. Federal law distinctly prohibits employers from punishing or adversely impacting employees for:
Opposing discriminatory practices in the workplace Acts of retaliation can take various forms, including unjust demotion, harassment, denial of promotions, or unwarranted disciplinary actions that can severely impact the employee’s career and work environment.
Should evidence of discrimination be established, several remedies may be available, aimed at making the affected employee whole. These remedies may include:
Mandated changes in agency policy or required training to prevent future discrimination The overall aim of these remedies is to restore the employee to the situation and standing they would have held had the discrimination not taken place.
While the individual filing a complaint must be the affected employee, confidentiality is respected throughout the EEO counseling stage. The law provides strong protections against retaliation, ensuring that employees can seek justice without fear of negative consequences. If retaliation does occur, additional complaints can be filed to address these new issues.
Protection against discrimination extends beyond federal employees to include federal contractors and applicants. Such individuals are also entitled to protection under federal anti-discrimination laws. Complaints may be directed either to the Office of Federal Contract Compliance Programs (OFCCP) or to the EEOC, depending on the context of the discriminatory act.
Yes, indeed. Recent Supreme Court rulings and guidance from the EEOC assert that discrimination based on sexual orientation and gender identity constitutes a form of sex discrimination under Title VII. Consequently, federal agencies are obligated to ensure equal treatment of LGBTQ+ employees and take proactive steps to prevent any form of harassment.
The duration of the complaint process can vary widely. Informal counseling typically spans approximately 30 days, with possible extensions depending on the circumstances. Formal investigations can extend to 180 days or even longer, particularly if further appeals or hearings are involved, which can add additional time to the overall process. Despite potentially lengthy proceedings, this structure is in place to guarantee a thorough and fair review of each case.
We can help whether you’re employed in a federal, state, or local sector of government. Call the Law Office of Michael T. Smith & Associates at (847) 450-1103 or contact us online today.
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