New York Federal Discrimination Lawyer
Talk To a Lawyer About Filing a Discrimination Claim Against the Federal Government in New York
If you are a victim of discrimination in the workplace, you deserve better. This is true regardless of where you work, but it is especially true if you work for the federal government. There is no excuse for discrimination in a federal workplace. Several federal laws protect government workers, and all federal agencies should follow policies and procedures designed to prevent discrimination in all forms.
Yet, federal employees in New York experience discrimination daily. This includes discrimination based on race, sex, disability, age and other protected characteristics. If you are a victim of discrimination, you should take action. You should hire an experienced New York federal discrimination lawyer to represent you, and you should work with your lawyer to hold the U.S. government accountable.
What To Expect From Your Federal Employment Discrimination Case
Asserting your right to be free from discrimination as a federal employee is different from asserting your rights in the private sector. The U.S. Equal Employment Opportunity Commission (EEOC) has a special claims process for federal employees, and in some cases, federal employees will need to pursue their claims in court. When you choose The Law Firm of J.W. Stafford to represent you, we will do everything necessary to help you protect your legal rights. This includes:
1. We Will Determine if You Have a Claim for Federal Employment Discrimination
Employment discrimination has a specific definition under federal law. While most employment practices that involve disparate treatment are discriminatory in nature, the law does not prohibit disparate treatment in all cases. As a result, one of our first steps will be to determine if your federal agency has violated the Civil Rights Act of 1964, Equal Pay Act, Age Discrimination in Employment Act, Rehabilitation Act or any other federal anti-discrimination law.
Some examples of employment practices that can give rise to federal employment discrimination claims include:
- Denying reasonable accommodations for federal employees’ disability-related or religious needs
- Asking employees or job candidates about their genetic information (i.e., family medical history)
- Denying employment, imposing discipline or terminating federal employees based on their sex, gender, race, color or ethnicity
- Fostering a hostile work environment where employees are bullied or made to feel threatened or uncomfortable based on their protected characteristics
- Terminating a federal employee based on the employee’s age (if 40 years old or older), pregnancy or recent childbirth
- Requiring sexual favors as a condition of receiving employment-related benefits
- Retaliating against a federal employee who files a complaint alleging workplace discrimination
Again, these are just examples. Workplace discrimination can take many different forms. If you believe you are a victim for any reason, you should consult with a New York federal discrimination lawyer. We have represented employees who have been victimized under a broad range of scenarios, and we can use our experience to thoroughly and accurately assess your legal rights.
2. We Will Determine What Remedies Are Available To You
If it appears that you have a federal discrimination claim, one of our next steps will be to determine what remedies are available to you. Oftentimes, federal employees will have options when it comes to the remedy (or remedies) they want to pursue. For example, depending on the facts involved in your case, some of the remedies we may be able to seek on your behalf include:
- Placement in a federal employment position
- Reinstatement of your prior federal employment
- Promotion, compensation increase or reassignment
- Back pay and benefits
- Additional financial compensation
If you were wrongfully disciplined, if you lost your security clearance because of workplace discrimination, or if you are dealing with any other specific employment-related issue, we can seek remedies that are unique to your specific circumstances. By acting quickly, you can preserve all of the options you have available.
3. We Will Help You Determine the Best Path Forward
Once we determine that you have a case and you decide what remedy (or remedies) you want to pursue, we will help you determine your best path forward. As a federal employee, you have two main options:
- File a Complaint with the EEOC – Filing an EEOC claim is the best option for many federal employees who have experienced discrimination in the workplace. Going through the EEOC’s complaint process affords several benefits, and federal employees who lose at the EEOC can still take their claims to court.
- File a Lawsuit in Federal Court – In certain cases, it will make sense for federal employees to take their discrimination claims directly to court. If you need to sue the federal government, founding attorney Jay Stafford and his team will handle your case every step of the way.
4. We Will File Your Claim On Your Behalf
Whichever option you choose, once you decide that you are ready to move forward, we will take all of the steps that are necessary to file your claim on your behalf. This includes gathering all relevant documents, preparing all necessary forms and pleadings, and submitting your complaint before your deadline expires.
By handling all aspects of our clients’ federal employment discrimination claims for them, we are able to take much of the stress out of the process. We understand that becoming a victim of discrimination can be traumatic, and we work hard to ensure that the recovery process is as simple and straightforward for our clients as possible.
5. We Will Deal with the U.S. Government For You
The option you choose for pursuing your discrimination claim will determine what comes next. But, in either scenario, we will deal with the U.S. government for you from this point forward. If you choose to file with the EEOC, we will deal with the EEOC and your federal agency as necessary. If you choose to go straight to court, we will manage the federal litigation process relying on our knowledge and insights gained from past experience.
Depending on the circumstances of your case, you may keep your job while your discrimination case is pending. If so, we obviously won’t be able to be there with you on a day-to-day basis. But we will be available to you if you have questions, and we will make sure you know everything you need to know in order to continue protecting your legal rights while your case moves through the EEOC or litigation process.
6. We Will Work to Negotiate a Settlement, If Warranted
If you have a strong discrimination claim, the federal government may offer to settle your case. If this happens, you will need to work closely with your New York federal discrimination lawyer to make an informed decision. While settling brings your case to a close and provides a certain outcome, you must be very careful to avoid settling for less than you deserve.
We have helped many of our clients settle their discrimination claims—in both the public and private sectors. If you are interested in settling and a fair offer is on the table, we will help you assess all pertinent considerations before making your final decision.
7. We Will Fight For the Just Outcome You Deserve
Finally, if settling your federal discrimination claim is not in your best interests, we will fight for the just outcome you deserve. If you decide to file with the EEOC, we will take your claim through the entire EEOC complaint process, and we will appeal the EEOC’s unfavorable decision if necessary. If you decide to go to court, we will fight for a favorable verdict, and if necessary, we can appeal an unfavorable decision here as well.
Ultimately, the amount of time it takes to resolve your case will depend on many factors that are beyond your (and our) control. But asserting your legal rights is important, and you can achieve a just outcome with the right approach. At The Law Firm of J.W. Stafford, our practice is devoted to fighting for employees’ rights, and you can rest assured that we will work tirelessly to protect you.
FAQs: Filing a Discrimination Claim as a Federal Employee in New York
What Laws Protect Federal Employees in New York Against Workplace Discrimination?
There are several laws that protect federal employees in New York against workplace discrimination. Depending on the facts of your case, the laws we may be able to use to protect you include:
- Civil Rights Act of 1964
- Age Discrimination in Employment Act (ADEA)
- Americans with Disabilities Act (ADA) and Rehabilitation Act
- Equal Pay Act (EPA)
- Genetic Information Nondiscrimination Act (GINA)
- Pregnancy Discrimination Act (PDA)
Am I Guaranteed Compensation as a Victim of Federal Employment Discrimination?
No. Regardless of the facts of your case, there are no guarantees about the outcome. But, what we can guarantee is that we will use our experience to assert your legal rights by all means available.
How Do I Choose a New York Federal Discrimination Lawyer?
There are several factors to consider when choosing a New York federal discrimination lawyer. For example, experience and practice focus are both extremely important. Ultimately, you need to feel comfortable and confident working with your lawyer one-on-one, and the best way to make your decision is to sit down for a confidential consultation.
Schedule a Confidential Consultation Today
If you believe you may have a federal workplace discrimination claim in New York, we encourage you to contact us for more information. To schedule a confidential consultation with a New York federal discrimination lawyer at The Law Firm of J.W. Stafford, please call 410-514-6099 or inquire online today.