Federal Employee Discrimination Lawyer

Federal Employee Discrimination Attorney

Hall & Lampros represents federal employees who are seeking an attorney to pursue claims under the following laws:

• Title VII of the Civil Rights Act of 1964 
• Rehabilitation Act of 1973
• The Pregnant Workers Fairness Act
• Age Discrimination in Employment Act of 1967
• The Genetic Information Nondiscrimination Act of 2008
• The Equal Pay Act of 1963

Hall & Lampros lawyers include a former EEOC administrative judge who ruled on employment discrimination cases for over 7 years.

About Hall & Lampros

H&L Attorney Peter Massaro has practiced employment law throughout his career. For over 7 years, he was an Administrative Judge at the Equal Employment Opportunity Commission (EEOC). As an Administrative Judge, he presided over hundreds of cases in which employees of the United States government alleged that their employing agencies had subjected them to unlawful discrimination. In these cases, he impartially evaluated the evidence within the record and when there was sufficient evidence to establish discrimination, he issued decisions awarding appropriate relief to the employees. Prior to becoming an Administrative Judge, Peter served as Assistant Regional Counsel for the Social Security Administration (SSA). In that role, he defended SSA against claims of employment discrimination and represented SSA before the EEOC and the Merit Systems Protection Board (MSPB).

Hall & Lampros lawyers also include Adam Mills, a former EEOC trial attorney whose job was to enforce disability laws on behalf of the United States Government.

The Hall & Lampros employment team includes other experienced attorneys.

With over $500 million recovered, Hall & Lampros lawyers have experience, results, and compassionate advocacy. In any case that may end up in court, you want attorneys who know the law that applies to your case and have successfully handled other cases involving the same or similar issues. We have a strong team of lawyers and staff dedicated to employee rights. Hall & Lampros attorneys have successfully represented employees in almost every type of employment case, including: sexual harassment;  sex discrimination and sexual orientation and gender identity discrimination (Title VII); racial discrimination (Title VII and 42 U.S.C. § 1981); national origin discrimination (Title VII and 42 U.S.C. § 1981); disability discrimination (Americans with Disabilities Act and the Rehabilitation Act);  Family and Medical Leave Act (FMLA) violations (29 U.S.C. Ch. 28); age discrimination (Age Discrimination in Employment Act of 1967); overtime and minimum wage violations under the Fair Labor Standards Act (FLSA), including independent contractor misclassification, restaurant wage violations, and illegal tip pools; U.S. Equal Employment Opportunity Commission (EEOC) cases; and retaliation and whistleblower cases.

FAQs

In what locations can Hall & Lampros represent federal employees in employment discrimination claims? Hall & Lampros represents clients nationwide, including in each of the states identified below. Hall & Lampros lawyers can represent you in your federal employment case arising anywhere in the United States, and including the following cities with substantial federal employee populations. 

• Atlanta, GA
• Warner Robins, GA
• Glynco, GA
• Augusta, GA
• Fort Gordon, GA
• Fort Stewart, GA
• Fort Benning, GA
• Washington, DC
• Huntsville, AL
• Woodlawn, MD
• Fort Belvoir, VA
• Dayton, OH
• Buffalo, NY
• New York, NY
• Fort Campbell, KY
• Clarksville, TN
• Denver, CO
• San Francisco, CA
• Los Angeles, CA
• Dallas, TX
• Boston, MA
• Philadelphia, PA
• Chicago, IL
• Tampa, FL
• Miami, FL
• Saint Louis, MO
• Kansas City, MO
• Seattle, WA
• Fayetteville, NC
• Fort Hood, TX
• Phoenix, AZ

How does a federal employee file an employment discrimination complaint?

The first step in filing a federal employment discrimination complaint is to initiate Equal Employment Opportunity (EEO) counseling to file an employment discrimination complaint. You must contact your employing agency’s EEO office to initiate counseling. If you do not know how to contact your agency’s EEO office, you should ask a supervisor or Human Resources.

What laws protect federal employees against discrimination?

Federal employees are protected from discrimination by their employers based on these federal statutes:

• Title VII of the Civil Rights Act of 1964 
• The Rehabilitation Act
• The Pregnant Workers Fairness Act
• The Age Discrimination in Employment Act
• The Genetic Information Nondiscrimination Act 
• The Equal Pay Act 

Are federal employees protected from race discrimination?

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. (“Title VII”) protects federal employees from discrimination based on race or color.

Are federal employees protected from sex discrimination?

Yes. Title VII protects federal employees from discrimination based on sex. 

What types of sex discrimination are federal employees protected against?

The prohibition on sex discrimination includes discrimination based on pregnancy, sexual orientation, or gender identity. 

Are federal employees protected from religious discrimination?

Yes. Title VII protects federal employees from discrimination based on religion. 

Are federal employees protected from national origin discrimination?

Yes. Title VII protects federal employees from discrimination based on national origin. 

Are federal employees protected from sexual orientation discrimination?

Yes. Title VII’s prohibition on sex discrimination protects federal employees from discrimination based on sexual orientation.

Are federal employees protected from gender identity discrimination?

Yes. Title VII’s prohibition on sex discrimination protects federal employees from discrimination based on gender identity.

Are federal employees protected from disability discrimination?

Yes. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. (“Rehab Act”) imposes the anti-discrimination in employment provisions of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. (“ADA”) on the federal government. The Rehab Act thus protects federal employees from discrimination based on disability, perceived disability, or association with individuals with a disability. The Rehab Act also affords federal employees with a disability the right to reasonable accommodation that does not impose an undue burden on their employing agency.

Are federal employees protected against pregnancy discrimination?

Yes. The Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq. (“PWFA”) affords federal employees who are pregnant with the right to reasonable accommodation that does not impose an undue burden on their employing agency. 

Are federal employees protected against age discrimination?

Yes. The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (“ADEA”) protects federal employees who are 40 years or older from discrimination based on their age.

Are federal employees protected against genetic information discrimination?

Yes. The Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. § 2000ff et seq. (“GINA”) protects federal employees from discrimination based on their genetic information. 

Are federal employees protected against unfair pay relating to sex or gender?

Yes. The Equal Pay Act of 1963, as amended, 29 U.S.C. § 206(d) protects federal employees from discrepancies in pay based on sex. 

What should I do if I was denied a federal job because of discrimination?

The laws that protect federal employees from discrimination also apply to applicants for federal employment. If the discrimination relates to sex, gender, national origin, race, religion, disability, age, pregnancy, or genetic information, you may have a claim and should discuss it with a Hall & Lampros lawyer.

Can my supervisor retaliate against me for initiating EEO counseling?

No, the laws that protect federal employees from discrimination also prohibit retaliation for (1) participating in the process for filing a discrimination claim and/or (2) opposing acts that amount to discrimination. Neither your supervisor nor anyone else can subject you to adverse treatment because you initiated EEO counseling, engaged in any activity within the process of filing a discrimination claim, or opposed conduct that violates anti-discrimination laws. 

Is there a deadline for initiating EEO counseling?

Federal employees are subject to a statute of limitations for discrimination complaints that is shorter than the statute of limitations for discrimination complaints against private sector employees.

Generally, a Federal employee must initiate counseling within 45 days of when she first reasonably suspects that her employer has subjected her to unlawful discrimination.

I have been subjected to discrimination for years; have I missed the deadline for filing a discrimination complaint?

You might not have missed the deadline. For harassment claims, a claim will be deemed timely if it is filed within 45 days of the latest harassing incident. For ongoing violations, a claim will be deemed timely if it filed anytime while the violation is occurring or within 45 days of when the violation ended. Federal employees nonetheless should initiate EEO counseling within 45 days of when they first reasonably suspect discrimination because failing to do so could reduce the amount of damages that they can recover. 

What happens after I initiate EEO counseling?

The EEO counselor will gather information from you about your claim. The EEO counselor could then interview individuals that you identify when explaining your claim. The EEO counselor may also explore whether management is willing to provide you some type of relief. The EEO counselor could also attempt to schedule mediation. Once the EEO counselor decides to conclude the counseling, the EEO counselor will send a counseling report to you and inform you of your right to file a formal complaint.

If you are not satisfied with the results of the counseling, you can file a formal complaint within 15 days of the counselor notifying you of your right to file a formal complaint. If you do not file a formal complaint within 15 days, you can no longer pursue your claim. 

After you file a formal complaint, your employing agency will conduct an investigation into your claims. When the investigation is completed, your employing agency will provide you with the report of investigation and notify you or your right to request a hearing before an EEOC administrative judge. You can request a hearing before an EEOC administrative judge within 30 days of receiving notice of your right to do so. You waive your right to a hearing before an EEOC administrative judge if you do not request a hearing within 30 days of receiving notice of your right to do so.

If you do not request a hearing before an EEOC administrative judge, your employing agency’s EEO office will issue a decision based on the report of investigation. 

What occurs during a hearing before an EEOC administrative judge?

A hearing before an EEOC administrative judge is essentially a traditional litigation process that concludes with a bench trial. After you request a hearing before an EEOC administrative judge, a judge will be assigned to hear your complaint. You and your employing agency will then engage in discovery, which is the process through which parties exchange documents and other information that is relevant to the claims at issue. At the conclusion of discovery, your employing agency will likely file a motion for summary judgment that argues a hearing is not necessary to determine that the agency did not subject you to discrimination. If you defeat that motion and convince the judge that a hearing is necessary, the judge will conduct a hearing. During the hearing, the parties will present their evidence, which includes taking live testimony from witnesses. At the conclusion of the hearing, the judge will render a decision on your discrimination claims. 

Is there an appeal process?

Yes, if you are not satisfied with your employing agency’s decision based on the report of investigation or the EEOC administrative judge’s decision following a hearing, you can file an appeal with the EEOC’s Office of Operations.

At various points during the process before the EEOC, you can decide to exit the proceedings before the EEOC and instead pursue your claims in federal district court. You also can file a complaint in federal district court after the proceedings before the EEOC conclude if you are not satisfied with the result of such proceedings. 

What types of relief are available to federal employees?

If a federal employee prevails on an employment discrimination complaint, he can recover backpay with interest, pecuniary compensatory damages for out-of-pocket expenses, and non-pecuniary compensatory damages for emotional distress, pain and suffering, humiliation, etc. A prevailing federal employee also can recover reasonable attorney’s fees and litigation costs. Front pay is also available, but it is seldom awarded. Non-monetary relief such as reinstatement, rescission of disciplinary action, and promotion is available as well when a federal employee prevails on an employment discrimination complaint. 

How long does the process before the EEOC take?

The process from initiation of EEO counseling to a final decision from the EEOC’s Office of Operations can take years. Parties, however, can reach an agreement to settle the matter, which could provide a resolution in a significantly shorter amount of time. 

What is a mixed case?

A mixed case is a case in which an employee alleges that a disciplinary action that the Merit Systems Protection Board (“MSPB”) can review was discriminatory. These cases are processed in a different manner than other discrimination claims. This process is described in 29 C.F.R. § 1614.302, which is available a thttps://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1614/subpart-C/section-1614.302.

Is the process confidential?

The entire process before the EEOC is confidential, which means the proceedings are not public information. But individuals who have a need to know information regarding your complaint, such as the investigator, witnesses, management officials, etc., will receive such information.

Do I need an attorney to file an employment discrimination complaint?

No, an attorney is not required to file an employment discrimination complaint against a federal agency. But an attorney could be very helpful for navigating the complaint process and effectively advancing your claims. 

At Hall & Lampros, we will not charge our clients a fee unless they obtain a recovery from settlement or an award from a court, administrative judge, arbitrator, or other tribunal. 

I believe my employing agency mishandled my confidential medical information. Do I have any recourse?

Yes, the Rehabilitation Act prohibits federal agencies from improperly disclosing and/or storing employees’ confidential medical information, and an employee whose medical information is improperly disclosed and/or stored can recover damages from his employing agency.