Federal Employee EEO Matters

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Bramnick Creed represents federal employees in all EEO matters, including discrimination, sexual harassment, and retaliation. We guide our clients through every phase of the federal sector EEO process, from formal and informal complaints to agency investigations. Our attorneys are experienced litigators in the U.S. Equal Employment Opportunity Commission (EEOC) and federal courts.

Discrimination

Federal law prohibits discrimination against employees because of:

  • Race,
  • Color,
  • Religion,
  • Sex,
  • National Origin,
  • Genetic Information,
  • Disability, and
  • Age.

Discrimination can take many forms, including adverse employment actions, unequal pay, severe and pervasive harassment that creates a hostile work environment, and other actions that affect the terms and conditions of employment. The attorneys of Bramnick Creed are well-versed in the law of employment discrimination and experienced advocates on behalf of federal employees facing discrimination in the workplace.

Sexual Harassment

Even in the Me Too era, many federal employees continue to face sexual harassment in the workplace. Federal law prohibits sexual harassment in all its forms, including sexual propositions by supervisors to subordinates; quid pro pro harassment, in which a supervisor offers professional benefits in return for sexual favors; unwanted touching and physical contact; and verbal sexual harassment. The attorneys of Bramnick Creed have represented federal employees facing all manner of sexual harassment. We understand the challenges confronting sexual harassment victims. We have the knowledge, expertise, and experience to thoroughly investigate sexual harassment claims and strongly advocate for victims of sexual harassment.

Retaliation

Federal law makes it illegal for agencies to retaliate against employees for opposing discrimination or harassment or participating in the EEO process. Speaking out against discrimination or harassment, filing an EEO complaint, and serving as a witness in support of a co-worker’s EEO complaint are known as “protected activity.” The law prohibits agencies from retaliating against employees for such protected activity. Retaliation can be anything that would deter a reasonable employee from engaging in protected activity, including adverse employment actions, harassment, threats, intimidation, or other forms of reprisal. The attorneys of Bramnick Creed have assisted many federal employees facing retaliation for protected activity.

Reasonable Accommodations and Disability Discrimination

Federal law protects the rights of employees with a disability. Under many circumstances, employees with a disability are entitled to reasonable accommodations. If a federal employee requests a reasonable accommodation, their agency is required to engage in an interactive process to determine whether accommodations are needed and, if so, what accommodations are reasonable and appropriate. The law prohibits federal agencies from discriminating against employees because of a disability or retaliating against them for requesting reasonable accommodations. The attorneys of Bramnick Creed have assisted many federal employees in asserting their rights to reasonable accommodations and combatting disability discrimination.

The Federal Sector EEO Process

The process for asserting an EEO claim in the federal government is a multi-step process with specific procedural requirements and deadlines. The federal sector EEO complaint process may include:

  • An informal complaint, sometimes referred to as EEO counseling;
  • Mediation or other Alternative Dispute Resolution (ADR);
  • A formal EEO complaint;
  • An internal investigation by the agency;
  • A hearing before an Administrative Judge in the U.S. Equal Employment Opportunity Commission (EEOC).

You can find more information on the federal sector EEO process in this article: Federal Employees: How and When to Initiate an EEO Complaint.

The federal sector EEO process can be confusing and an employee who fails to properly assert their claim or misses a deadline can lose their rights. The attorneys of Bramnick Creed understand the EEO complaint process and how to successfully assert an EEO complaint in the federal government.

The EEOC and Federal Court

Federal employees generally have the right to a hearing before an Administrative Judge of the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC process involves discovery, motions, and a trial, which is known as an administrative hearing. In many cases, a federal employee may also file a complaint in U.S. District Court. The federal court process also involves discovery, motions, and trial, but under a different set of rules. The attorneys of Bramnick Creed are trial lawyers with extensive experience representing clients in the EEOC and federal court.

Appeals

Both the EEOC and federal court provide for a right of appeal. In the EEOC, an employee may appeal a final decision to the EEOC Office of Federal Operations (OFO). In federal court, an employee may appeal an adverse decision to a U.S. Court of Appeals. The attorneys of Bramnick Creed are experienced appellate advocates. They have successfully litigated numerous appeals in OFO and appellate courts.

For more information about how Bramnick Creed assists federal employees in EEO matters or for a consultation, contact Joe Creed at (301) 760-3344 or JCreed@BramnickCreed.com.