Overview of the EEOC and Federal Employee Discrimination Claims

The United States Equal Employment Opportunity Commission (EEOC) is a government agency that handles the enforcement of federal laws prohibiting discrimination. If an employee has been discriminated against at work on the basis of “race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information” then that person may file a claim with the EEOC.

If I believe I was discriminated against, what should I do to file a claim?

If you are a federal employee or applicant who has experienced employment related discrimination at a federal agency, you should contact the EEO Counselor at the agency. Typically, you will be presented with the option of EEO counseling or participating in an alternative dispute resolution program in order to come to an agreement with the agency. If this process does not lead to a settlement, then you can file a formal complaint with the EEOC.

Once a formal complaint is made to the EEOC, the agency will decide whether or not to dismiss your complaint, for instance, because of a procedural error such as filing your complaint after the deadline.  If your complaint is procedurally proper, the EEOC will conduct an investigation. At the completion of the investigation, you will be presented with the option of allowing the agency to make a decision based on the information they collected, or you may request a hearing in front of an Administrative Judge at the EEOC.

If you ask the agency to make a decision they will issue a “final action,” if you asked for a hearing, the Administrative Judge will conduct the hearing and then make a decision.

If you disagree with the decision, you may appeal the decision to the EEOC Office of Federal Operations. The agency has the right to appeal as well, if they are not satisfied.

You are required to go through the administrative complaint process prior to taking your claim to a court of law. There are several points where you have the opportunity to take your claim to court. You should speak with an experienced attorney to develop the best course of action.

Contact Stern Law, PLLC for A Free Consultation

At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you to find the best solution to your employment law related legal issues. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced employment attorney.

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