The focus of this page is claims of discrimination in federal employment.
The federal government, like all employers in the United States, is legally prohibited from discriminating against employees and applicants for employment based on the individual’s race, sex, age, disability, and/or prior discrimination complaint(s). These categories contain subcategories as well. For example, under disability discrimination it is illegal to discriminate against a person who has a disability, who is perceived as having a disability, or who has a history of having a disability. Sex discrimination includes, for example, sexual harassment.
Several different federal statutes outlaw discrimination in employment. Chief among them are Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1967.
The EEOC has primary jurisdiction over claims of discrimination in federal employment. There are special procedures that federal employees must follow to pursue a discrimination complaint. These procedures are generally described as follows. First, the employee must request EEO counseling within 45 calendar days of the event he or she feels was discriminatory. This initial “informal” complaint period should last approximately 30 days, after which the employee is given a “final interview” and advised what management’s initial response to his or her complaint was. At that time if the employee is not satisfied he or she is given the opportunity to file a “formal” complaint of discrimination within 15 days of receipt of the “final interview” letter. This “formal” investigation period lasts 6 months, during which an investigator will interview all concerned and write a report. At the end of this period the employee should be provided with the “investigative report” and advised whether management is offering any remedy. If not (which is usually the case), the employee is given the opportunity to file a request for a hearing at EEOC or to proceed to federal court on the complaint.
Hearings at EEOC are informal and are held before an administrative judge who only hears discrimination cases. Witnesses are called and cross-examined “just like on TV”. The judge issues a decision in writing at some time after the hearing has been completed.
If the employee is still not satisfied with the result obtained at EEOC, he or she can file a lawsuit in federal District Court to pursue the matter further.
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