New Jersey Federal Employment Discrimination Attorney
Federal law prohibits discrimination in the workplace on the basis of gender, age, race, religion, and other protected classes, which includes every federal employer across the country. If you have been terminated, disciplined, or otherwise harmed on a discriminatory basis during your time as a federal worker, you may have a discrimination claim under federal law. The best thing you can do to protect your rights is to speak with a New Jersey federal employment discrimination attorney as soon as possible.
A New Jersey Federal Employment Discrimination Attorney Helping Federal Employees Navigate the Claim Process
If you have been discriminated against, you have only 45 days from the date the discrimination occurred to file an informal complaint with your agency’s EEO counselor. However, determining how and when this deadline applies to your case can involve a complex analysis of the facts and circumstances of your situation. As a result, you should contact an attorney as soon as possible if you believe that you are the victim of workplace discrimination.
Your agency’s EEO counselor will give you the option of participating in EEO counseling or participating in an alternative dispute resolution program such as mediation. There are advantages and disadvantages to both, including different timelines. However, the objective of both is to try to resolve the issue at the agency level to the employee’s satisfaction. A New Jersey federal employment discrimination attorney can provide guidance as to which option may be best for you.
Filing an EEOC Complaint
If you cannot resolve your issue at the agency level, your EEO counselor will notify you that you have 15 days to file a formal complaint with the agency. Once the complaint is filed, your case will be assigned to an investigator. The investigator will investigate the allegations of your complaint, which may include interviewing you, your employer and your coworkers. They may also obtain sworn statements and affidavits. Along the way, they will review your agency’s anti-discrimination policies and gather whatever relevant evidence there may be pertaining to your case. This process can take up to 180 days or more.
One of the ways that a New Jersey federal employment discrimination attorney can help is by making sure that your initial complaint is as clear and well-documented as possible. This can help focus the investigator’s efforts and hopefully expedite the investigation.
The EEOC Hearing
At the conclusion of the investigation, the investigator will issue a report to you and the EEOC detailing their findings. At this point, your agency may offer to settle the claim if the report indicates that you were discriminated against.
However, if you cannot resolve the matter to your satisfaction or if you disagree with the findings contained in the report, you may request a hearing in front of an EEOC administrative law judge. While the hearing is less formal than what you might expect at a court proceeding, you must take this hearing seriously. You should expect that your employer will be represented by counsel. Both sides will have the opportunity to be heard and present evidence.
An experienced New Jersey federal discrimination attorney can represent you at the hearing to ensure that it is fair and that a fair outcome is reached. If you are facing a hearing and haven’t talked to an attorney, it’s not too late. That said, the sooner you speak with a lawyer, the better your chances of getting the result you are hoping for.
Potential Remedies in a Successful EEOC Claim
Federal law provides a broad spectrum of potential remedies for federal employees who have suffered as a result of workplace discrimination. For many people, a fair outcome doesn’t necessarily mean money. Instead, they simply want to be able to pursue the career they want to the best of their abilities and without being discriminated against. Depending on the situation you are facing, you may be entitled to one or more of the following remedies:
- Equitable relief: This can include reassignment within your company or a change in your duties and responsibilities to reflect accommodations you are entitled to.
- Corrective actions: This can include removing negative reviews or disciplinary actions, reinstatement of benefits, and restoring job titles or duties.
- Back pay and benefits: If you were wrongfully denied a promotion for discriminatory reasons, you may be entitled to be paid for the income and benefits you would have received.
- Compensatory damages: You may be entitled to be compensated for any lost income, damage to your reputation, costs incurred in searching for a new job, and your pain and suffering caused by your agency’s discrimination.
- Reimbursement of attorney’s fees and costs: You may have a right to the cost of pursuing your complaint.
An experienced New Jersey federal employment discrimination attorney will know which remedies may be appropriate in your case and ensure that you obtain a fair result.
Contact New Jersey Federal Employment Discrimination Attorney J.W. Stafford
If you are a federal employee who has suffered as a result of workplace discrimination, you need an attorney who knows how to navigate the EEOC complaint process and who knows how to get results. New Jersey federal employment discrimination attorney J.W. Stafford has dedicated his career to holding agencies accountable when they discriminate against their employees. To schedule a consultation, contact us today at 410-514-6099.