Workplace Discrimination & Harassment Lawyers for State & Local Government Employees

Workplace discrimination & harassment lawyers for state & local government employees

If you are a state or local government worker facing unfair personnel actions, a hostile workplace, or retaliation on the job, you do not have to navigate the complex legal process alone. Alan  Lescht and Associates represents state and local government employees in cases involving discrimination, hostile work environment, and harassment. Our dedicated legal team handles state and local government cases throughout Washington, DC, Maryland, and northern  Virginia, protecting your career and your rights.  

What is discrimination?

Unlawful employment discrimination falls into one of the following two categories:  

• Formal personnel actions: These typically include official changes to your pay or employment status—such as wrongful termination, formal suspensions, demotions, or being denied a job or promotion. 
• Informal actions & harassment: Discrimination can also take the form of informal adverse treatment. This can include a negative performance evaluation that does not affect your pay, a performance improvement plan, damage to your professional reputation, or changes to your job duties to marginalize your role. 

Severe or pervasive harassment based on a protected characteristic or retaliation for protected activity may create an unlawful hostile work environment.  

Types of state and local workplace discrimination

Federal laws prohibit covered government employers from discriminating against employees  based on protected traits, which may include but are not necessarily limited to the following: 

Age Discrimination

The Age Discrimination in Employment Act (ADEA)is a federal law that prohibits employers from discriminating against employees because of their age. This means that an employer cannot deny a promotion, eliminate a position, or force an employee to retire because of age.  

Color Discrimination

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminating because of skin color or complexion. For example, an employer cannot prefer one job applicant over another based on skin complexion.  

Disability Discrimination

The Americans with Disabilities Act (ADA) prohibits employers from discriminating because of disability. Employers must also provide reasonable accommodations to qualified employees with disabilities. Depending on the employee's disability and job duties, among other factors, reasonable accommodations could include ergonomic equipment, written instructions, telework, an alternative work schedule, medical leave, or modified job duties. Understanding how to prove discrimination and documenting accommodation breakdowns are vital components of disability discrimination cases.  

Genetic Information Discrimination

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers from discriminating based on genetic testing results and family medical history.  

National Origin Discrimination

Title VII prohibits unfavorable treatment because an employee is from a particular part of the world or a specific country. This includes unlawful comments, jokes, or bias regarding a person's apparel, mannerisms, accent, or cultural traditions that are associated with their national origin.  

Race Discrimination

Title VII prohibits discrimination because of race or characteristics associated with a certain race (skin color, facial features, hair texture, etc.). Evidence may include the use of racial slurs, displaying offensive symbols, or stereotyping.  

Religious Discrimination

Title VII prohibits discrimination based on religious beliefs or lack thereof. Covered employers are required to provide reasonable accommodations, such as flexible scheduling or modified apparel/duties, for religious practices.  

Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Like employees with disabilities, pregnant employees are entitled to reasonable accommodations.  

Sex Discrimination

Title VII prohibits employers from discriminating because of sex.  Evidence of sex discrimination may include comments about an employee’s apparel, mannerisms, marital status, and parental duties.  Employees who have been subjected to sexual harassment, sexual orientation discrimination, gender identity discrimination, and pregnancy discrimination may also have claims for sex discrimination.

Sexual Orientation Discrimination and Gender Identity Discrimination

Title VII prohibits discrimination because of sex, which may encompass unfavorable treatment based on apparel, marital status, and parental duties associated with a certain gender. The U.S. Equal Employment Opportunity Commission (EEOC) and local jurisdictions like Washington,  DC, explicitly recognize sexual orientation discrimination and gender identity discrimination as prohibited forms of sex discrimination.  

Sexual Harassment

Title VII prohibits unwelcome verbal or physical conduct of a sexual nature. Because actions like safely reporting sexual harassment in the workplace can dramatically impact the outcome of a future lawsuit, it is critical to consult an experienced employment discrimination attorney early in the process. 

Retaliation

The ADA, ADEA, GINA, and Title VII make it illegal for covered employers to retaliate against employees who file discrimination complaints, report discrimination to supervisors or employees with similar authority, or participate in a discrimination investigation or lawsuit.  

Understanding your rights & the EEO filing process

You have the right to work without fear of discrimination or retaliation. You may challenge discrimination and retaliation that violates a federal law (Title VII, Americans with Disabilities  Act, Pregnancy Discrimination Act, etc.) by filing a charge with the U.S. Equal Employment  Opportunity Commission (EEOC). Discrimination cases have short deadlines. You may need to file with the EEOC within as few as 180 days of the discrimination. Your deadline may be longer, depending on where you live.  

The Federal route: filing with the EEOC

To challenge a violation of federal law (such as the Americans with Disabilities Act or Title VII),  you must first file a formal Charge of Discrimination with the U.S. Equal Employment  Opportunity Commission (EEOC).  

• The initial filing window: Depending on your exact location, you may have as few as 180 days from the date of the discrimination to file your charge. In areas with local enforcement agencies, this window can expand to 300 days. 
• The investigation: Your charge must identify your employer and the basis of discrimination (i.e., the protected characteristic(s) and/or activity) and clearly explain the specific actions taken against you. The EEOC then has 180 days to investigate your complaint. 
• The right to sue: At the end of the investigation, the EEOC will issue a letter explaining your rights. If you wish to take your case to court, you must file a federal lawsuit within a strict 90 days of receiving that notice.

Filing an employment discrimination complaint against a state or local government

District of Columbia government employees

The District of Columbia Human Rights Act (DCHRA) offers significantly broader protections than federal law, explicitly outlawing discrimination based on traits like personal appearance, marital status, and parental responsibilities. However, DC government workers  must follow a very specific internal process:  

1. Contact your agency's EEO Officer: You must initiate contact within 45 days of the discrimination or retaliation. 
2. The internal investigation: The EEO officer will conduct a 30-day inquiry into your claims. 
3. The exit letter: Once complete, you will receive an official Exit Letter. This document gives you the right to file a formal complaint with the DC Office of Human Rights (OHR). (Note: DC government employees have the right to file concurrently with the federal EEOC).

Maryland government employees

If you work for the state of Maryland or a local county municipality (such as Montgomery County or Prince George's County), you have multiple options for exercising your rights: 

• You can file an administrative complaint with the EEOC, the Maryland Commission on Civil Rights (MCCR), or both. 
• Depending on your specific county's local ordinances, you may also have the unique option to bypass certain administrative delays and file a civil lawsuit directly in state court under state or county anti-discrimination laws.

Virginia government employees

Virginia state government employees should contact their agency's Human Resources Department to initiate a discrimination complaint. The agency should investigate the complaint and issue a final agency decision (FAD). Employees can appeal the FAD to the Virginia Department of Human Resources  Management's Office of Workforce Engagement. 

Additionally, employees can file a discrimination complaint with the Office of the Attorney General of  Virginia's Office of Civil Rights and/or the U.S. Equal Employment Opportunity Commission. 

How can an employment attorney help state and local government employees?

When your livelihood, professional reputation, and emotional well-being are on the line, you need an aggressive, tactical advocate who understands the unique rules that apply to state and local government employees. 

Our attorneys will work closely with you to seek and evaluate the evidence, map out your available legal paths, and execute a results-driven strategy. Alan Lescht and Associates  routinely represents state and local government employees in DC, Maryland, and northern Virginia in connection with a comprehensive range of discrimination and administrative matters:  

• EEOC charges of discrimination
• DC Office of Human Rights complaints, conciliation, and hearings
• Maryland Commission on Civil Rights complaints
• State lawsuits
• Federal lawsuits
• Arbitration and mediation
• Settlement negotiations

Schedule a consultation with an employment attorney

If you are facing an unfair disciplinary action, a hostile work environment, or an accommodation rollback, do not let a confusing administrative deadline expire and bar your right to recovery.  

Please visit our Contact Us page to share your workplace details through our secure intake form, or call our team directly at (202) 463-6036 to schedule a formal case evaluation with an experienced employment attorney.