Are you a federal employee or jobseeker who has faced discrimination in the workplace? Federal employees and job applicants who believe that a federal agency has discriminated against them have the right to file a complaint.

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of:

• the person’s race,
• color,
• religion,
• sex (gender identity, sexual orientation, and pregnancy),
• national origin,
• age (40 or older), or
• disability or genetic information.

It also protects from discrimination because a person complained about discrimination, filed an EEO charge of discrimination, or participated in an employment discrimination investigation or lawsuit, according to the EEOC.

The EEOC has the legal authority to investigate charges of discrimination against employers who are covered by the law. Its role in an investigation is to fairly and accurately assess the allegations in the charge and then make a finding, and if the EEOC finds that discrimination has occurred, it will try to settle the charge, according to the agency.

If those attempts aren’t successful, it then has the authority to file a lawsuit to protect the rights of individuals and the interests of the public. The EEOC does not, however, file lawsuits in all cases where it finds discrimination.

As soon as the discrimination occurs, it is important to consult with an attorney experienced in EEO complaints, who can help guide you through the entire claims process and assist in responding to any challenges.

Steps for filing an EEO complaint

According to the EEOC website, an individual seeking to file a claim should follow the following steps:

Speak with an EEO counselor: With the guidance of an attorney, the employee or jobseeker should contact their agency’s EEO counselor (within 45 days from the day of discrimination, and prior to filing a formal complaint). Often, the EEO counselor will provide the choice of participating in EEO counseling, or in an alternative dispute resolution (ADR) program.

File a complaint: If the dispute is not settled through counseling or through ADR, you can file a formal discrimination complaint against the agency with the agency’s EEO office. You must file within 15 days from the day you receive notice from your EEO counselor about how to file.

Once you have filed a formal complaint, the agency will review the complaint and decide whether or not the case should be dismissed for a procedural reason (for example, your claim was filed too late).

What happens next? If the agency doesn’t dismiss the complaint, it will conduct an investigation. The agency has 180 days from the day you filed your complaint to finish the investigation, according to the EEOC.

When the investigation is finished, the agency will issue a notice giving you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether the discrimination occurred.
If you ask the agency to issue a decision and no discrimination is found, or if you disagree with some part of the decision, you can appeal the decision to EEOC or challenge it in federal district court.

Filing a lawsuit: The EEOC requires that you must go through the administrative complaint process before filing a lawsuit. There are different points during the process; however, when you may quit the process and file a lawsuit in court, including:

• after 180 days have passed from the day you filed your complaint, if the agency has not issued a decision and no appeal has been filed;
• within 90 days from the day you receive the agency’s decision on your complaint, so long as no appeal has been filed;
• after the 180 days from the day you filed your appeal if the EEOC has not issued a decision; or
• within 90 days from the day you receive the EEOC’s decision on your appeal.

If you have been discriminated against in a federal workplace, consulting with an experienced Tully Rinckey attorney can make all the difference. A skilled attorney can guide you through the stages of filing an EEO claim, protect your interests, and fight to get you the best possible outcome in your case. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

As the Managing Partner of Tully Rinckey PLLC’s Austin office, Mike focuses his practice on federal sector labor and employment law. Mike has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also has experience negotiating settlement agreements on behalf of federal employees.