eeo process gov employee when to get lawyer

An employee can also benefit from hiring an experienced EEOC lawyer both before and after an EEOC charge is filed. As noted above, most federal discrimination claims must go through the EEOC. But, before filing a charge, an EEOC lawyer can evaluate potential state and federal claim.

Full Answer

Do I need a lawyer for an EEO case?

The best way to ensure the success of an EEO case is to hire an attorney experienced in federal employment law. While the process does not require that you have an attorney, the government will have be represented by an attorney.

How long do I have to contact the EEO Office?

If the discrimination involved a personnel action (for example, a demotion or firing), you generally must contact the EEO Counselor within 45 days of the day the personnel action takes effect. Each agency is required to post information about how to contact the agency's EEO Office.

How does the EEO process work for federal employees?

However, the EEO process for federal employees is very different than for non-federal workers. A non-federal employee begins his/her case by filing a charge with the EEOC. After 180 days, a non-federal employee’s only option is to file a lawsuit in federal court.

How to file an EEO complaint in the United States?

Federal EEO Complaint Processing Procedures. Contact EEO Counselor. Aggrieved persons who believe they have been discriminated against must contact an agency EEO counselor prior to filing a formal complaint. The person must initiate counselor contact within 45 days of the matter alleged to be discriminatory. 29 C.F.R. Section 1614.105 (a) (1).

At what stage in the EEO complaint process does the investigation begin?

The 180-day formal investigation period begins. Report of Investigation/Investigation File must be issued by EEO Office within the 180-day period, unless extended by Complainant (not advisable).

At what stage of the EEO complaint process does EEO counseling occur?

Section 1614.105(b)(1). Counseling must be completed within 30 days of the date the aggrieved person contacted the agency's EEO office to request counseling. If the matter is not resolved in that time period, the counselor must inform the individual in writing of the right to file a discrimination complaint.

How many days do you have to contact the EEO office to file a discrimination complaint?

In general, you need to file a charge within 180 calendar days from the day the discrimination took place.

How serious is an EEO complaint?

Only 2% of EEOC charges result in action. While a company may want to take the risk to represent itself in front of the EEOC, that 2% risk may lead to a substantial penalty and money judgment that can bankrupt a company.

How long does a final agency decision take?

Once the agency receives the Administrative Judge's decision, the agency will issue what is called a final order which will tell you whether the agency agrees with the Administrative Judge and if it will grant any relief the judge ordered. The agency will have 40 days to issue the final order.

What should I ask for in discrimination settlement?

What is My Employment Discrimination Case Worth?The strength of your proof and the risk you will lose at liability.The extent of damages you suffered.Whether your employer's conduct was egregious and likely to make a jury angry.Whether your employer has a track record of violating employee's rights.More items...•

How long does an EEO investigation take?

approximately 10 monthsOn average, we take approximately 10 months to investigate a charge. We are often able to settle a charge faster through mediation (usually in less than 3 months). You can check the status of your charge by using EEOC's Online Charge Status System.

What happens after an EEO complaint?

Once the investigator has completed the investigation, EEOC will make a determination on the merits of the charge. If EEOC is unable to conclude that there is reasonable cause to believe that discrimination occurred, the charging party will be issued a notice called a Dismissal and Notice of Rights.

What are the three steps of the EEOC process?

The first three stages, pre-complaint, formal complaint, and appeal, are all part of the EEOC's administrative process....The final stage starts the judicial process.Pre-Complaint Stage.Formal Complaint Stage.Mixed Cases Complaints.Class Complaints.Appeal Stage.Judicial Stage.

What are the chances of winning an EEOC case?

The EEOC achieved a successful outcome in 95.8 percent of all district court resolutions. The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.

How do I fight an EEO complaint?

How to Win an EEOC Complaint: What You Need to KnowHire a Qualified Attorney. EEOC complaints do not necessarily have to result in court cases. ... Maintain Composure. Mediators handle sensitive issues. ... Prepare Relevant Documentation. ... Consider Reaching Out to Coworkers. ... Be as Professional as Possible.

What happens if employer lies in EEOC response?

Lying on an EEOC Document It may also affect the outcome of litigation or may be used at trial to discredit a witness. Additionally, making a material misrepresentation during the course of an EEOC investigation could be considered a punishable crime under 18 U.S.C.

How to contact an EEO?

You can contact an EEO Counselor by calling the office responsible for the agency's EEO complaints program.

How long does it take to file an EEO complaint?

You must file within 15 days from the day you receive notice from your EEO Counselor about how to file.

What is the final action of an agency?

Agency Issues A Decision (Final Action) If you ask the agency to issue a decision and no discrimination is found, or if you disagree with some part of the decision, you can appeal the decision to EEOC or challenge it in federal district court.

What is the EEO complaint process?

Overview Of Federal Sector EEO Complaint Process. If you are a federal employee or job applicant, the law protects you from discrimination because of your race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What happens when an EEOC investigation is finished?

When the investigation is finished, the agency will issue a notice giving you two choices: either request a hearing before an EEOC Administrative Judge or ask the agency to issue a decision as to whether the discrimination occurred.

How to request a hearing in the EEOC?

If you want to ask for a hearing, you must make your request in writing or via the EEOC Public Portal located at https://publicportal.eeoc.gov/ where you can also upload hearing requests, and manage your personal and representative information within 30 days from the day you receive the notice from the agency about your hearing rights. If you request a hearing, an EEOC Administrative Judge will conduct the hearing, make a decision, and order relief if discrimination is found.

How long does it take to appeal an EEOC decision?

Within 90 days from the day you receive the agency's decision on your complaint, so long as no appeal has been filed. After the 180 days from the day you filed your appeal if the EEOC has not issued a decision, or. Within 90 days from the day you receive the EEOC's decision on your appeal.

How long does it take to file an EEO lawsuit?

A non-federal employee begins his/her case by filing a charge with the EEOC. After 180 days, a non-federal employee’s only option is to file a lawsuit in federal court. However, Congress created a special administrative process for handling federal ...

How to contact an EEO counselor?

To make this initial contact, you can simply send an email, pick up the phone, or stop by your agency’s EEO office. You don’t have to provide a lot of details about what happened, but you must tell the counselor you want to file a complaint of discrimination or retaliation. After you contact a counselor, you have two options:

How to file a complaint against EEO?

Within 45 days of the discrimination or retaliation, you must contact your agency’s EEO counselor. To make this initial contact, you can simply send an email, pick up the phone, or stop by your agency’s EEO office. You don’t have to provide a lot of details about what happened, but you must tell the counselor you want to file a complaint of discrimination or retaliation. After you contact a counselor, you have two options: 1 Informal counseling: This is a 30-day process during which the counselor conducts a short and informal investigation. The counselor may interview you and the person you believe discriminated against you. At the end of the counseling period, the counselor will issue a report and advise you of your right to file a formal complaint. 2 Alternative dispute resolution: Instead of counseling, you may choose to participate in alternative dispute resolution (ADR), which is also called mediation. If you choose ADR, the agency will appoint a mediator who will meet with you and (usually) your supervisor. The goal of the meeting is to resolve your complaint. For example, say you claim your supervisor discriminated against you by denying your training request. Through ADR, you may agree to drop your complaint if your supervisor sends you to another training session. If you’re unable to resolve your complaint at ADR, the agency will advise you of your right to file a formal complaint

How long does it take to get a counselor to interview you?

After you contact a counselor, you have two options: Informal counseling: This is a 30-day process during which the counselor conducts a short and informal investigation. The counselor may interview you and the person you believe discriminated against you. At the end of the counseling period, the counselor will issue a report and advise you ...

Who represents federal employees in retaliation?

If you believe your federal employer discriminated or retaliated against you, Alan Lescht and Associates can help. We represent federal government employees and contractors in discrimination and retaliation cases. Our attorneys will help you navigate the EEO process, draft your complaint, respond to the investigator, and present your case to the EEOC or in court.

Who makes the decision in the EEOC hearing?

EEOC hearing: The EEOC AJ makes the decision.

Who is responsible for collecting evidence?

The agency will appoint an investigator. The investigator is only responsible for collecting evidence; he/she won’t make a decision about whether the agency discriminated or retaliated against you. The investigator will contact you to either provide written answers to a list of questions or schedule an interview.

What happens if you file a formal complaint with the EEO?

After you file a formal complaint, your agency’s EEO Office will decide whether to accept your complaint for investigation. There are very few reasons allowing an agency to dismiss a formal complaint, so if your complaint is not accepted for investigation or is partially dismissed, an attorney can discuss appeal options with you.

Where do federal employees file an EEO complaint?

When a federal employee makes an Equal Employment Opportunity (EEO) complaint, the process starts with the employee’s agency, and if the complaint cannot be resolved, it can then go to the Equal Employment Opportunity Commission (EEOC), where the EEOC’s Administrative Judges hold hearings to make determinations based on evidence provided, and can award damages and other types of remedies.

How long does it take to file an informal complaint against a federal employee?

Federal employees only have 45 days to initiate an informal complaint of discrimination. To meet this deadline, you need only contact an EEO Counselor and state that you want to file an informal complaint. The EEO Counselor will then provide forms for you to fill out and generally request:

What is the goal of EEO complaint?

The goal of EEO complaint process is to get you to where you would have been if you had not been discriminated against – in other words, to make you whole. This means that if you win your discrimination case, there will be an attempt to create the status you would have had if the discrimination had not taken place.

How much compensation do you get for discrimination?

Compensatory Damages — If you suffered pain and emotional distress, harm to your reputation, harm to your career, you may be entitled to compensatory damages in an amount of up to $300,000, which is the maximum in non-pecuniary compensatory damages allowed in discrimination cases against the federal government. To obtain compensatory damages, you may need to present evidence, such as your medical records, to establish the harm that the discrimination has caused you.

How long does it take for a complaint to be accepted?

If your complaint is accepted, your agency will have 180 days from the day you filed your formal complaint to complete the investigation. If you amend your complaint, the agency gets another 180 days to investigate.

How long can a complaint be extended?

The investigation period can also be extended for 90 days with your consent, although it is rarely in a complainant’s interest to allow the agency additional time to investigate. The investigator gathers evidence about your complaint, including witness statements, to put together a Report of Investigation.

How long do you have to contact an EEO counselor?

The first step is to contact an EEO Counselor at the agency where you work or where you applied for a job. You generally have 45 days from the day the discrimination occurred to contact an EEO Counselor where you work, where you worked, or where you applied for a job.

How long does it take to file an EEO complaint?

No further counseling will occur. You must file a formal complaint within 15 days from the day you receive notice from your EEO Counselor about how to file.

What is an EEO counselor?

The EEO Counselor is not an advocate for either you or the agency, but acts strictly as a neutral in the EEO process.

What happens if you and the agency agree to an informal resolution of a dispute?

If you and the agency agree to an informal resolution of the dispute, the terms of the resolution should be reduced to writing and signed by both you and the agency to help ensure that you and the agency have the same understanding of the terms of the resolution.

How long does it take for a settlement agreement to be reached?

The agreed upon solution is implemented by the parties. If the agreement is not followed, then the Agency must be alerted within 30 days of the breach.

Can you end the EEO ADR process?

You are free to end the EEO ADR process at any time, and you retain the right to proceed with the administrative EEO process if resolution has not been reached through ADR. No one can force a resolution on you, not agency management, EEO officials, or the third-party neutral. You have the right to representation at any time.

Can you file a complaint against an EEO?

Usually, you must wait until the EEO Counselor has held a final interview with you before you can file a complaint. If, however, the counseling period ends and your EEO Counselor has not yet held the final interview, you have the right to file a formal complaint without having the interview .

How long do you have to file an appeal against an EEOC decision?

You disagree with the EEOC's decision on your appeal (you must file your lawsuit within 90 days of the decision) The EEOC may also opt not to pursue your complaint and issue a "Notice of Right to Sue.". If that happens you need to talk to an attorney for job discrimination right away to make sure you file your federal lawsuit within ...

What laws do not require you to exhaust your administrative remedies before heading to court?

Two laws enforced by the EEOC do not require you to exhaust your administrative remedies before heading to court: the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. These two laws allow you and your discrimination attorney to go directly to the federal court to file your claim.

Can an attorney negotiate with an employer about a job discrimination claim?

Your job discrimination attorney may also be able to negotiate with your employer to resolve your case quietly, without going to court at all. It is generally a good idea to talk to an attorney for job discrimination before filing a claim with the EEOC. Whether your goal is to resolve the case quietly, make the most of your EEOC complaint, ...

Does the EEOC have civil rights?

In addition to the federal laws enforced by the EEOC, many states have their own civil rights laws that may protect more people in more circumstances, or allow for more damages than are available through the EEOC. In those cases, you and your employment discrimination attorney can discuss whether to file in the state system, the federal system, ...

Do you have to go to the EEOC for discrimination?

Most Job Discrimination Claims Must Go To EEOC First. If you are considering hiring an attorney for job discrimination, you should know that many of the civil rights laws require you to go to the EEOC first, before you file a federal lawsuit.

What is an AJ in the EEOC?

An administrative judge (AJ) is an EEOC employee who independently decides discrimination complaints of federal employees. All EEOC AJs are highly skilled and knowledgeable attorneys, with respect to the federal sector hearing process and the relevant law.

How long does it take to get a final decision from the AJ?

Within 40 days of receipt of the AJ's decision, the Agency will provide a final decision either accepting (in part or in whole) or rejecting the AJ's decision. If the Agency does not fully implements the AJ's decision, the Agency must file an appeal with the Commission.

What is administrative hearing?

An administrative hearing is similar to a trial before a judge at the courthouse. As the presiding official, the AJ acts as both the judge and jury. Proceedings, for the most part, are informal.

What to look for in an attorney for EEO?

When choosing an attorney, look for someone who has experience handling cases that are similar to yours. Federal-sector Equal Employment Opportunity (EEO) claims can be highly complex and differ greatly from private-sector EEO claims.

How long do you have to contact EEO?

Within 45 days of the discriminatory event or events, you must contact your federal agency’s EEO office.

What happens when you file an EEOC complaint?

When you file an EEOC complaint, your employer will receive notice. Unfortunately, some unscrupulous employers may act unprofessionally. That unprofessional behavior may also be unlawful. Retaliation is a known problem in the American workplace.

What can an EEOC lawyer do?

An experienced EEOC lawyer can guide you through the process and ensure your legal rights are protected.

How long does it take to file a complaint with EEO?

You must act quickly, however, as you have only 15 days to file your complaint from the date you receive notice from your assigned EEO Counselor.

How long does it take to get an EEO counselor?

Each federal agency has its own EEO Counselor assigned. You will start by contacting the appropriate counselor within 45 days of the alleged incident. You may be asked whether you want to participate in EEO counseling or have your case moved into an alternative dispute resolution (ADR) program, like mediation.

What is the EEOC?

The Equal Employment Opportunity Commission (EEOC) handles these types of claims and oversees equal employment in federal agencies.

How much time does an EEOC employee spend on EEO matters?

Aggregate Time Spent on EEO Matters: The EEOC considers it reasonable for agencies to expect their employees to spend the majority of their time doing the work for which they are employed . Therefore, in addition to the general guidelines noted above, an agency may restrict the overall hours of official time afforded to a representative, for both preparation purposes and for attendance at meetings and hearings, to a certain percentage of that representative's duty hours in any given month, quarter, or year. Such overall restrictions would depend on the nature of the position occupied by the representative, the relationship of that position to the mission of the agency, and the degree of hardship imposed on the mission of the agency by the representative's absence from his or her normal duties. The amount of official time to be afforded to an employee for representational activities will vary with the circumstances, and therefore should be determined on a case-by-case basis.

What to do if an agency denies a request for official time?

If an agency official denies a request for official time, either in whole or in part, the agency official must prepare a written statement noting the reasons for the denial, and provide the employee or representative with a copy of that written statement.

How long does it take to prepare for a complaint?

Preparation Time: As presentation of a complaint involves preparation for meetings and hearings, complainants and their representatives are afforded a reasonable amount of official time to prepare for meetings and hearings, as well as time to prepare the formal complaint and any appeals that may be filed with the EEOC. However, because investigations are conducted by CRC or EEOC personnel, "reasonable" with regard to preparation time is generally defined in terms of hours, not in terms of days, weeks, or months.

What is the use of official time in the federal sector?

Department of Labor (DOL) employees who use the Equal Employment Opportunity (EEO) complaint process are entitled to a reasonable amount of official time to prepare EEO complaints (against DOL) and to respond to requests for information, if otherwise on duty.

What should a DOL request for official time indicate?

Requests for official time should indicate: 1) a general purpose for use; 2) the amount of time to be used; and 3) a proposed schedule for use.

What is the request for official time?

Requests for official time should indicate: 1) a general purpose for use; 2) the amount of time to be used; and 3) a proposed schedule for use. It is not unreasonable for the agency to require some proof that the employee needs the official time to engage in EEO complaint activity. Moreover, an employee may be required to justify the amount ...

When do you have to be in an official duty status?

Witnesses who are Federal employees, regardless of their tour of duty and whether they are employed by the DOL or some other Federal agency, must be in an official duty status when their presence is required or authorized by agency or EEOC officials in connection with a complaint.