Federal Government EEO Lawyer: Protecting Your Employment Rights
We stand up for federal government employees and job applicants against illegal discrimination, harassment, retaliation, and hostile work environments.
Time is Crucial: The Strict 45-Day Deadline
If you have experienced employment discrimination in the federal sector, there is one rule you absolutely cannot afford to ignore:
You must contact your agency EEO Counselor within 45 calendar days of the alleged discriminatory action.
Why Choose Cacciatore Legal?
Our Inside Edge & Experience
When your career is on the line, you need a legal team with an unfair advantage.
Our firm’s founder, Anthony Cacciatore, is uniquely qualified to represent federal employees because he knows exactly how the government thinks. Before dedicating his practice to fighting for federal employees, Anthony worked on the defense side of these cases, representing the federal government in hundreds of EEO matters.
He knows:
— The tactics and strategies the government uses to defend itself.
— The weaknesses in an agency’s case, both from Human Resources and Supervisors, that they try to hide.
— The procedural shortcuts and mistakes that agencies often make.
This defense-side experience is now your advantage. When you hire Cacciatore Legal, you get an attorney who has built and dismantled these cases from both sides of the table, giving you the best chance to win.
What is Covered Under Federal Government Employment EEO Law?
Federal Equal Employment Opportunity (EEO) laws prohibit federal employers from discriminating against applicants and employees based on certain protected characteristics. These laws protect you from discrimination, harassment, and retaliation in all aspects of employment, including hiring, firing, promotions, assignments, and discipline.
Federal EEO law protects you against discrimination based on the following protected bases:
— Race
— Color
— Religion
— Sex, including sexual orientation, gender identity, and pregnancy
— National origin
— Age
— Disability (whether physical or mental, covered under the Americans with Disabilities Act and Rehabilitation Act)
— Genetic information
— Reprisal & retaliation (taking action against you because of a participating in or making prior EEO complaint, or protesting discrimination)
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex (including sexual orientation, gender identity, and pregnancy), and national origin.
The Age Discrimination in Employment Act (ADEA) protects employees aged 40 and older from age discrimination.
The Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, and ADA Amendments Act of 2008 collectively prohibit discrimination against individuals with qualified disabilities. The laws also require the federal government make job accommodations for employees and job applicants alike.
The Equal Pay Act of 1963 requires equal wages for men and women who perform substantially equal work. It is often utilized with Title VII to fight gender discrimination.
The Genetic Information Nondiscrimination Act prohibits discrimination based on your genetic information.
The Pregnancy Discrimination Act and the newly passed Pregnant Workers Fairness Act require employers to provide reasonable accommodations to pregnant workers and new mothers.
Examples of Federal Employment EEO Violations
While discrimination can take many forms, federal government employees often face violations that fall into one of these categories:
— Hostile Work Environment: This involves frequent, severe, or pervasive harassment based on a protected category (e.g., racist jokes, repeated sexual advances, derogatory comments about a disability).
— Wrongful Termination or Non-Selection: Being fired, demoted, or denied a job or promotion because of your race, sex, age, or another protected characteristic
— Retaliation or Reprisal: Suffering an adverse action — such as a poor performance review, demotion, or undesirable assignment because you filed a previous EEO complaint or served as a witness in someone else’s case.
— Denial of Reasonable Accommodation: Your agency refuses to provide a reasonable change to the workplace or job duties that would allow you to perform your job, despite having a qualified disability or religious need.
— Unequal Pay or Discipline: Being paid less or disciplined more severely than a coworker of a different protected group for the same conduct (covered by the Equal Pay Act).
Understanding the Federal Employment EEO Complaint Process
Phase 1: The Informal Complaint (Counseling & Informal Mediation)
The Deadline: You must contact an EEO Counselor at your agency within 45 calendar days of the alleged discriminatory act. This is the only way to start the EEO process officially.
Purpose: This phase is designed for the agency to address and attempt to resolve the matter informally. This is often done through EEO Counseling or Alternative Dispute Resolution (ADR), like mediation.
Action: When you contact the counselor, it is best practice to initiate the contact in writing and include all bases and facts supporting your complaint.
Timeline: The counseling period should generally not exceed 30 days from your initial contact. If you request mediation, it may be extended up to 90 days.
End of Phase: If the issue is not resolved, the EEO Counselor will conduct a final interview and issue you a “Notice of Right to File a Formal Complaint”.
Beware The 15-Day Clock
Federal agencies know you’ve got a short clock to file a formal complaint (Phase 2) after the informal period (Phase 1) ends. Many complaints die an early death because the employee didn’t realize they only have 15 days to file their formal discrimination complaint. Don’t let bad supervisors win by default, get EEO help now!
Phase 2: The Formal Complaint & Investigation
Action: You must file a formal written complaint with your agency within a very strict deadline of 15 calendar days of receiving the Notice of Right to File from the EEO counselor.
Investigation: Once the formal complaint is filed, the agency must investigate the claims. During this process you will have many responsibilities that an attorney can help guide you through. This includes being interviewed, asked to provide documents, provide a written statement, identify witnesses, and you may be asked to answer written questions under oath. Additionally, you will be provided with an opportunity to rebut other witness statements and asked what remedies to the complaint you would like.
End of Phase: This then leads to a formal Report of Investigation (ROI). You then have to make a decision where to pursue your case during Phase 3.
Phase 3: Hearing or Final Agency Decision
After the investigation, you have a critical choice between two options:
Request an EEOC Administrative Judge (AJ) Hearing: This is often the best choice. You submit your case to an independent EEOC Judge, who manages the discovery, takes testimony, and issues a decision in an administrative trial.
OR
Request a Final Agency Decision (FAD): In this option, your employing agency itself issues a decision based only on the evidence gathered during the investigation.
A federal EEO lawyer can help you determine what choice is best for your individual situation.
Phase 4: EEOC Appeals
If you disagree with the EEOC Administrative Judge’s decision or the Final Agency Decision, you have the right to appeal the decision to the EEOC’s Office of Federal Operations (OFO).
Focus: Appeals must focus on legal errors or factual misinterpretations in the previous decision, not re-argue the case.
Scope: Generally, the OFO will only consider evidence that was presented during the investigation or hearing process. You cannot introduce new facts or evidence unless you can show it was not reasonably available before.
Strict deadlines: Both the initial appeal and the subsequent brief have strict 30-day deadlines, so it is crucial to be timely.