Employee Discrimination and Harassment
Under the Civil Rights Act of 1964 (Title VII), and other Federal statutes, including the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA) employment decisions, including hiring, promotion and termination, cannot be based on race, color, sex, national origin, religion, age, disability or prior EEO activity.
In addition, it is unlawful to subject an employee to harassment/hostile work environment or disparate treatment based on his/her membership in any of those protected classes.
Tully Rinckey attorneys have extensive experience representing both private and public sector clients who have been subject ed to or are accused of unlawful employment discrimination. Our attorneys have represented clients nationwide in the following type of employment discrimination matters:
- Discrimination claims based on race, color, sex, pregnancy, age, national origin, religion, disability, marital status, political affiliation, veterans preference, uniform service, or other protected categories, including those listed above
- Sexual harassment and other harassment
- Discrimination based on retaliation for participation in prior EEO activities
- Denial of equal pay for equal work
If you believe that you are a victim of unlawful discrimination, you should call one of our experienced attorneys who practices before the EEOC. Our attorneys can represent you at every stage of the EEO process from pre-complaint counseling, formal EEO complaint, alternative dispute resolution, settlement and hearing all the way through to final appeal.
Initiating an EEO Claim
As with most aspects of the federal employment system, the deadlines surrounding the EEO complaint process are tight and unforgiving. Discrimination complaints must normally be filed with the agency’s EEO office for counseling within 45 calendar days of the discriminatory action. The counseling process generally must be completed within 30-90 days of filing. At that point, if the matter has not been resolved, the employee must be given notice of the right to file a formal complaint, after which s/he has only 15 calendar days to file the formal complaint.
After the formal complaint is filed, the agency will decide whether to dismiss the complaint or conduct a formal investigation into the allegation of discrimination. These investigations, which are typically performed by outside contractors, generally must be completed within 180 days after the date of filing of the complaint. The investigator will file a Report of Investigation (ROI) with the agency, which will provide a copy to the employee. At that point, the employee has 30 calendar days to request either a Final Agency Decision (FAD) or a formal hearing at the EEOC. If the employee does not receive the ROI within 180 days after the complaint was filed, s/he may request a hearing from the EEOC. These deadlines cannot be extended.
Tully Rinckey PLLC can represent clients at all stages of the federal EEO process, from initial EEO counselor contact, to mediation, and through appeals in federal court.
If you are a federal employee facing or accused of discrimination, contact us to see how our experienced employment discrimination attorneys may assist you.
We can be reached 24 hours a day, 7 days a week at 2027871900 or via email at firstname.lastname@example.org.