A Few Sample EEO Claims
Some of the more common EEO claims brought by federal employees are demonstrated in the following five hypothetical scenarios:
- Example 1: Federal employee is sexually harassed at work by her supervisor and asked out on a date. When the federal employee refuses her supervisor’s advances, she is then proposed for a suspension by the same supervisor for alleged misconduct. The federal employee brings a claim for sexual harassment because the suspension was really related to the sexual harassment.
- Example 2: Federal employee has previously filed an EEO complaint against his supervisor for discrimination. A year later, the federal employee is denied for a promotion by the same supervisor because they were upset that the federal employee had filed the earlier EEO complaint. The federal employee brings a claim for retaliation.
- Example 3: Federal employee takes sick leave related to treatment for cancer. Upon the employee’s return, his supervisor gives the employee a bad performance evaluation for having alleged lower performance. The federal employee claims disability discrimination because the underlying basis was the supervisor’s issues with them being out on leave for so long.
- Example 4: Federal employee takes sick leave due to a recent car accident and requires a lot of time out of the office for physical therapy. The federal employee is also unable to perform some of her duties as she recovers, including the lifting of boxes for a limited period of time. The federal employee asks her supervisor for modifications to her duties (a reasonable accommodation), but the supervisor refuses to modify the employee’s schedule without reason. The federal employee claims disability discrimination for her agency’s failure to accommodate her serious medical condition.
- Example 5: 64-year-old federal employee is competing for a promotion to a GS-15 position. This federal employee competes against 2 other employees, both under the age of 40, for the same position. The 64-year-old federal employee is not selected for the position. The federal employee later discovers by accident that the selecting official expressed concerns about the individual being 64 years old because they might retire sooner than the younger applicants. The 64-year-old federal employee claims age discrimination because of the comments that were made.
- Example 6: Federal employee practices a particular religion. Others in the workplace, including a supervisor, make jokes about the federal employees religion frequently to him. Despite the federal employee’s request for the jokes to stop, they continue over a long period of time. This can result in a religious discrimination claim based on a hostile work environment.
- Example 7: Applicant for a federal employee position is pregnant. Applicant is not hired for the position and later learns that they were not hired because the hiring official was concerned with the individual’s ability to be present in the workplace. This applicant can claim pregnancy discrimination.
EEO Complaint Deadlines
Typically, a federal employee only has 45 days from the date of discrimination to contact an EEO counselor at the federal agency to initiate the informal EEO complaint process. If a complaint is not timely initiated, the federal employee may be time-barred from filing an EEO complaint. Timing can be extended in some unique cases, but it is critical to be aware of the time limits in filing EEO cases.
Potential EEO Remedies
There are a number of potential remedies for federal employee EEO violations. Remedies for illegal discrimination and retaliation caused by federal agencies involve several types of potential monetary relief, including lost back pay, compensatory and punitive damages, and attorneys’ fees. Non-monetary remedies can include the clearing of negative performance records and disciplinary actions, transfers and promotions.
The EEO Process
Typically, once a federal employee initiates contact with an EEO counselor regarding an informal complaint, assuming there is no earlier resolution or settlement, the next steps include: (1) the filing of a formal EEO complaint, (2) the investigation of the EEO complaint, (3) either a request for a decision on the EEO complaint from the federal agency or a request for a full hearing before a federal administrative judge and (4) proceeding to a hearing on the merits. In our experience, many discrimination cases are settled with federal agencies during the EEOC hearing process prior to the hearing stage.
Additional EEO Information
Federal employees can find more detailed information about filing EEO complaints at the Equal Employment Opportunity Commission’s (EEOC) website. It is important to realize that the EEO process for federal employees is significantly different than those employed in the private sector.
Contact Us
Our law firm represents and advises federal employees in EEO complaints and other employment law issues. If you need legal assistance regarding an EEO complaint or other employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
