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If you have experienced discrimination in the workplace as a federal employee, holding your federal employer accountable will most likely involve navigating the Equal Employment Opportunity (EEO) complaint process. The U.S. Equal Employment Opportunity Commission (EEOC) handles complaints involving most forms of discrimination, and the EEO process is designed to ensure that federal employees can seek accountability when necessary.
With that said, navigating the EEO complaint process can be challenging. There are several steps involved, and a favorable and just resolution is far from guaranteed. As a result, federal employees who believe they may have grounds to file an EEO complaint should consult with an experienced Maryland federal employment attorney promptly.
An Overview of the EEO Complaint Process
Once you hire a Maryland federal employment attorney to represent you, your attorney will be able to assess your situation and walk you through the steps you will need to take based on the specific circumstances of your case. It is important to note that, while pursuing a discrimination claim as a federal employee usually involves navigating the EEO complaint process, sometimes federal employees will need to navigate a different process (i.e., the Office of Special Counsel (OSC) complaint process) instead.
With this in mind, the following is a general overview of the major steps involved in pursuing a federal discrimination claim through the EEO complaint process:
1. Contacting Your Federal Agency’s EEO Counselor
As the EEOC explains, if you have a discrimination complaint against a federal agency, “[t]he first step is to contact an EEO Counselor at the agency where you work.” In most cases, you must do this within 45 days of experiencing discrimination in the workplace. If you wait more than 45 days to contact your agency’s EEO Counselor, you could lose your right to take legal action.
2. Pursuing the EEO Counseling Process or Alternative Dispute Resolution (ADR)
Once you contact your agency’s EEO Counselor (assuming you do so on time), you will have a choice of two options. At this stage, you can either:
- Continue with the EEO counseling process; or,
- Pursue alternative dispute resolution (ADR) through your federal agency.
If you choose to continue with the EEO counseling process, your EEO Counselor will attempt to facilitate a resolution between you and your federal agency. This process typically lasts up to 30 days. If you choose to pursue ADR instead, you will need to follow your agency’s specific ADR procedures (which will most likely involve mediation), and this can typically last up to 90 days.
3. Filing a Formal Complaint
If you are able to obtain a satisfactory resolution through the EEO counseling process or ADR, your complaint will end at this stage. However, if you are not able to obtain a satisfactory resolution, you can move forward with filing a formal complaint.
Once the EEO counseling process or ADR proves unsuccessful, your agency’s EEO Counselor will issue a notice of your right to file a formal complaint. After receiving this notice, you have 15 days to initiate the formal complaint process (unless the 15th day falls on a weekend or federal holiday, in which case you have until the next business day).
Formal EEO complaints are subject to strict substantive and technical requirements. If you don’t include all necessary information or file your complaint appropriately, this alone could lead to a dismissal. Provided that you file your complaint correctly, your agency will be required to conduct a good-faith investigation within 180 days.
4. Requesting a Hearing or Final Decision
Once your agency completes its investigation (or if your agency fails to complete its investigation within 180 days), you have the right to either request a hearing at the EEOC or request a final decision from your agency. If you request a hearing, an administrative judge at the EEOC will consider the evidence and then render a final decision.
5. Filing an EEOC Appeal and Taking Your Discrimination Complaint to Court if Necessary
Regardless of whether you request a hearing, you have the right to continue pursuing your federal discrimination claim if you are dissatisfied with the outcome of the formal complaint process. At this stage, you can file an appeal with the EEOC, and if your EEOC appeal is unsuccessful, you can take your federal discrimination claim to court.
How a Maryland Federal Employment Attorney Can Help
If you need to file a discrimination complaint against your federal agency, there are several ways an experienced Maryland federal employment attorney can help you. These include (but are not limited to):
- Determining Where You Need to File Your Discrimination Complaint – As we said above, while federal employees must pursue most types of federal discrimination complaints through the EEO process, there are exceptions. Your attorney can determine where you need to file your complaint.
- Representing You During the EEO Counseling or ADR Process – If pursuing an EEO complaint is the right choice in your case, your attorney can represent you during the EEO counseling or ADR process. Your attorney can negotiate for a fair settlement and help you decide whether to accept any offers that may be on the table.
- Preparing and Filing Your Formal EEO Complaint – If you don’t receive a satisfactory result through the EEO counseling or ADR process, your attorney can prepare and file your formal EEO complaint in compliance with all substantive and technical requirements.
- Helping Ensure that You Meet All Applicable Deadlines – Throughout the process, your attorney can help ensure that you meet all of the various deadlines that apply.
- Representing You in All Subsequent Legal Proceedings – If you need to request an EEOC hearing, file an EEOC appeal or take your federal discrimination complaint to court, your attorney can continue representing you throughout the process.
Discuss Your EEO Complaint with a Maryland Federal Employment Attorney in Confidence
Do you need to know more about the EEO complaint process for filing a discrimination claim as a federal employee? If so, we encourage you to contact us promptly. Call 410-514-6099 or contact us online to schedule a confidential consultation with an experienced Maryland federal employment attorney at The Law Firm of J.W. Stafford.