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Title VII of the Civil Rights Act of 1964 (“Title VII”) is one of several laws that protect federal employees. It serves as the basis for most discrimination claims against federal employers, and it provides the grounds for federal employees to pursue harassment claims as well. If you believe that you may have a discrimination or harassment claim under Title VII, you will want to learn more about the protections that apply—and you will want to consult with an experienced Washington D.C. federal employment lawyer as soon as possible.
Protections for Federal Employees Under Title VII
Title VII prohibits employment-related discrimination on the basis of color, national origin, race, religion or sex. It also prohibits harassment based on any of these “protected characteristics,” as harassment is considered a form of discrimination under the law.
Discrimination Under Title VII
Under Title VII, discrimination can take two main forms. Federal employees (as well as former federal employees and job applicants) can file Title VII discrimination claims based on either:
- Refusal to hire or any other decision involving, “compensation, terms, conditions, or privileges of employment,” related to a federal employee’s color, national origin, race, religion or sex; or,
- Segregation or classification of employees (or job applicants), “in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect [any individual’s] status as an employee, because of,” the individual’s color, national origin, race, religion or sex.
Discrimination under Title VII also constitutes a prohibited personnel practice (PPP); and, generally speaking, PPPs fall within the jurisdiction of the Office of Special Counsel (OSC). However, in most cases, seeking remedies for employment discrimination as a federal employee (or as a former federal employee or job applicant) involves filing a complaint with the Equal Employment Opportunity Commission (EEOC). As the OSC explains, “while OSC is authorized to investigate allegations of discrimination on these bases, there are Equal Employment Opportunity (EEO) procedures for investigating such complaints . . . [and] OSC generally defers complaints involving discrimination on these bases to the EEO process.”
Harassment Under Title VII
Title VII also prohibits harassment in the federal employment sector on the basis of color, national origin, race, religion or sex. As the EEOC makes clear, this includes harassment based on transgender status, sexual orientation and pregnancy, and it is also unlawful for federal employers or personnel, “to harass someone because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.”
Similar to discrimination claims under Title VII, harassment claims under Title VII are generally subject to the EEO process. This means that taking action to assert your legal rights as a federal employee (or as a former federal employee or job applicant) generally involves filing a complaint with the EEOC. If you believe that you are a victim of harassment in the federal sector, an experienced Washington D.C. federal employment lawyer will be able to walk you through what you need to know about taking legal action.
What If You Aren’t Protected Under Title VII?
While Title VII prohibits discrimination and harassment in the federal workforce based on color, national origin, race, religion and sex (including transgender status, sexual orientation and pregnancy), it does not prohibit discrimination and harassment based on other protected characteristics—such as age, disability and political affiliation. So, what if you aren’t protected under Title VII?
If you aren’t protected under Title VII, you may be protected under another federal law. Other laws that protect federal workers (and job applicants) include:
- Age Discrimination in Employment Act (ADEA)
- Civil Service Reform Act
- Rehabilitation Act (which extends the protections of the Americans with Disabilities Act (ADA) to the federal workforce)
These laws all provide anti-discrimination protections similar to those in Title VII. While the EEOC handles age discrimination and disability discrimination cases, the OSC handles complaints involving discrimination on the basis of political affiliation within the federal workforce.
Filing a Discrimination or Harassment Complaint Under Title VII
Let’s say you have a discrimination or harassment complaint under Title VII as a federal employee (or as a former federal employee or job applicant). What do you need to do?
As discussed above, filing a claim under Title VII generally involves submitting a complaint to the EEOC. The EEOC has a formal complaint process for handling claims under Title VII, and going through this process will be necessary in most cases.
Due to the complexity—and the importance—of filing a Title VII complaint with the EEOC, it is best to have an experienced Washington D.C. federal employment lawyer on your side. Your lawyer will be able to assist with critical steps including (but not limited to):
- Ensuring that your EEOC complaint meets all substantive and procedural filing requirements
- Representing you during your agency’s investigation
- Deciding whether to settle your claim or request a formal hearing before an administrative law judge (ALJ)
- Representing you at your ALJ hearing if you decide to request one
- Preserving your right to file an appeal in federal court if your ALJ hearing does not go your way
While asserting your legal rights can be complicated (and at times stressful), it is always important to remember that you are doing the right thing. You deserve justice, and the federal entity that violated your rights deserves to be held accountable.
It is also important to remember that strict deadlines apply. If you don’t meet these deadlines, you could lose your ability to take legal action. With this in mind, if you think you may have a Title VII claim, we encourage you to contact us promptly for more information.
Speak with a Washington D.C. Federal Employment Lawyer at The Law Firm of J.W. Stafford
Do you have a discrimination or harassment claim under Title VII? Contact us to find out. To discuss your legal rights with an experienced Washington D.C. federal employment lawyer in confidence as soon as possible, please call 410-514-6099 or send us your contact information online today.