Discrimination in Hiring: Important Information for Federal Job Applicants

When you apply for a position with a federal agency, you expect to have a fair shot at landing the government job you want. You expect to receive due consideration based on your background and experience, and you expect the agency’s hiring decision to be based solely on choosing someone who is qualified for the job.

Unfortunately, this doesn’t always happen.

Discrimination in hiring is a concern in both the private and public sectors. As a result, if you believe that you have experienced discrimination as a federal job applicant, you should not ignore your concerns. If you were unlawfully denied a federal job opportunity, you have clear legal rights, and you should discuss these rights with an experienced Maryland federal discrimination attorney promptly.

Understanding Your Legal Rights As a Federal Job Applicant

Generally speaking, federal job applicants largely have the same rights as federal employees when it comes to matters of discrimination. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) discusses federal job applicants’ and federal employees’ legal rights interchangeably. Under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act, and other federal anti-discrimination laws, federal job applicants are entitled to protections against forms of discrimination, including:

• Denial of federal job opportunities based on “race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, age (40 or older), disability or genetic information;”
• Denial of federal job opportunities based on parental status, marital status, or political affiliation;
• Denial of federal job opportunities based on the need for a reasonable accommodation related to a disability or religious belief;
• Disparate treatment (i.e., a reduced salary or unfavorable location assignment) based on any protected characteristic or the need for a reasonable accommodation; and,
• Retaliation (i.e., refusal to hire) based on reporting or raising concerns about discriminatory hiring or employment practices.

Along with these forms of discrimination, federal job applicants are entitled to protection against other prohibited personnel practices (PPPs) as well. These include (but are not limited to) making hiring decisions based on:

• Inappropriate recommendations (i.e., recommendations not based on personal knowledge)
• Refusal to engage in coerced political activity
• Efforts to obstruct a job applicant from competing for a particular position
• Granting a wrongful advantage to a particular job applicant
• Nepotism (i.e., hiring a relative instead of a qualified job applicant)

These are just examples of some of the most common PPPs in the federal workforce. If you have any reason to believe that you have been denied federal employment or received an unfavorable salary, job assignment, or work location based on any unlawful consideration, you should consult with a Maryland federal discrimination attorney. Federal job applicants who experience discrimination and other prohibited personnel practices may be entitled to various remedies, and an experienced attorney will be able to help you understand your options based on the circumstances at hand.

Taking Legal Action Against Discrimination as a Federal Job Applicant

If you are a victim of discrimination or another prohibited personnel practice as a federal job applicant, an experienced Maryland federal discrimination attorney will be able to help you with taking appropriate legal action as well. For both federal employees and job applicants, the first step is usually to contact the relevant agency’s EEO Counselor (in some cases, filing a complaint based on a PPP will involve contacting the Office of Special Counsel (OSC) instead).

Importantly, if you need to contact an EEO Counselor, you only have 45 calendar days to do so. This 45-day deadline runs from the date that you experienced the discriminatory hiring practice in question.

Typically, the EEO Counselor will give you two options: you can either participate in counseling, in which the EEO Counselor will attempt to facilitate a resolution, or you can pursue alternative dispute resolution (ADR). Either way, if this process does not result in a satisfactory outcome, you can then file a formal complaint with the agency.

As the EEOC explains, “[o]nce you have filed a formal complaint, the agency will review the complaint and decide whether or not the case should be dismissed for a procedural reason (for example, your claim was filed too late).” If the agency does not have procedural grounds to dismiss your complaint, it must then conduct an investigation within 180 days. Upon completing its investigation, the agency must give you the choice of having the agency issue a decision or taking your complaint to the EEOC.

Either way, if you do not receive a satisfactory outcome at this stage, you still have the right to go to court. While this can all seem overwhelming, there is a clear path to follow, and your Maryland federal discrimination attorney can represent you every step of the way. Whether you are still interested in working for the federal government or you are focused on seeking financial compensation for the discrimination you have endured, your attorney can use the available legal processes to efficiently target a favorable resolution on your behalf.

Talking to a Federal Discrimination Attorney is the First Step

While you have the option of trying to handle your situation on your own, there are several ways an experienced Maryland federal discrimination attorney can help you in this scenario. With this in mind, we strongly recommend consulting with an experienced attorney before making any decisions about your next steps. An experienced attorney will be able to help you make informed decisions, and if you decide to take legal action, your attorney will be able to take all of the steps that are necessary to assert your legal rights effectively.

Schedule a Confidential Consultation with a Maryland Federal Discrimination Attorney Today

Do you have reason to believe that you experienced discrimination as a federal job applicant? If so, we strongly encourage you to contact us promptly for more information. To schedule a confidential consultation with a Maryland federal discrimination attorney at the Law Firm of J.W. Stafford, please call 410-514-6099 or tell us how we can get in touch online today.