Workplace Discrimination & Federal EEO

Federal EEO practice area

Alan Lescht and Associates successfully represents federal government employees in complex EEO cases involving discrimination, hostile work environment, and harassment.  When your career, security clearance, or livelihood is on the line, you need a firm that deeply understands the federal EEO process from the inside out.  

What is employment discrimination?

Employment discrimination can take many forms. Discrimination may occur in the form of an adverse employment action, such as termination, suspension, demotion, or non-selection for a job. Employers also discriminate through less formal acts, such as taking away telework privileges, giving negative performance ratings, denying requests for training, or reassigning job duties. Discrimination may also occur in the form of a hostile work environment, which is harassment that does not result in an adverse action.  

Learn how our Reasonable Accommodations Lawyers for Federal Government Employees can help you with reasonable accommodation requests and bring claims for disability discrimination and retaliation. 

It is illegal for federal government employers to discriminate against job applicants,  employees, and contractors based on protected traits. Here are some examples:  

Types of employment discrimination

It is illegal for federal government employers to discriminate against job applicants, employees, and contractors based on protected traits.  Here are some examples:

Identity & demographic discrimination

Age Discrimination

The Age Discrimination in Employment Act (ADEA) prohibits federal employers from discriminating because of age against people who are 40 years of age or older. This means that, in most cases, an employee cannot be removed from federal service, denied a promotion, or forced to retire because of age.  

Unfortunately, federal agencies sometimes attempt to dismiss valid complaints early in the process to avoid a full investigation. When this happens, our expert legal team fights back to ensure your voice is heard. For example, when the U.S. Securities & Exchange Commission (SEC) improperly dismissed our client’s age discrimination claim, our attorneys secured an  EEOC victory. Based on our arguments, the EEOC reversed the agency’s dismissal and reinstated the claims for a full, proper investigation. 

Color Discrimination

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits federal employers from discriminating because of color.  Color discrimination is based on skin color complexion.  For example, an employer could discriminate based on color by selecting a job applicant who has a lighter complexion, even though the applicant is the same race as another job applicant.

Race Discrimination

Title VII prohibits federal employers from discriminating because of race or characteristics associated with a certain race (skin color, facial features, hair texture, etc.).  Evidence of race discrimination may include use of racial slurs, displaying racially offensive symbols, or joking about racial stereotypes.

Religious Discrimination

Title VII prohibits federal employers from discriminating because of religious beliefs, or lack of religious beliefs.  Federal agencies are also required to provide reasonable accommodations based on religion.  Accommodations may include flexible scheduling or modified job duties.

When an agency fails to respect these rights, or when an employee faces severe backlash for raising a concern, the resulting retaliation disputes can become fiercely contested. In these situations, protecting your career requires a team willing to take your fight all the way to high federal courts if necessary. In Al-Saffy v. USDA, our firm successfully convinced the U.S. Court of Appeals for the D.C. Circuit to overturn an unfavorable lower court ruling. That pivotal appellate victory completely shattered the agency's resistance and ultimately secured a $382,500 settlement for our client.

National Origin Discrimination

Title VII prohibits federal employers from discriminating because of national origin.  National origin discrimination occurs when an employee is treated unfavorably because he/she is from a particular part of the world or a specific country.  Evidence of national origin discrimination may include comments and jokes about a person’s apparel, mannerisms, accent, or cultural traditions.

Identity & demographic discrimination

Disability Discrimination

The Rehabilitation Act prohibits federal employers from discriminating because of disability.  Federal agencies must also provide reasonable accommodations to qualified employees with disabilities. Examples of accommodations may include telework, an alternative work schedule, leave to attend medical appointments, an office close to a restroom, and modified job duties.  

With federal agencies strictly enforcing Return-to-Office (RTO) mandates, the denial of telework as a reasonable accommodation has skyrocketed. If your agency is forcing you back to the office despite a valid medical need to telework, an experienced federal EEO  attorney can help you challenge the denial. 

Genetic Information Discrimination

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits federal employers from discriminating because of genetic information. Genetic information may include genetic testing results and family history. For example, it is illegal to fire an employee because the employee’s mother had a genetic illness.  

Sex, gender, & family status discrimination

Sex Discrimination

Title VII prohibits federal 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 does not specifically prohibit discrimination based on sexual orientation or gender identity. However, the U.S. Equal Employment Opportunity Commission (EEOC) currently considers sexual orientation discrimination and gender identity discrimination to be forms of sex discrimination.  

Pregnancy Discrimination

The Pregnancy Discrimination Act (PDA) prohibits federal employers from discriminating based on pregnancy, childbirth, or a related medical condition. Generally, the law requires employers to treat an employee who is pregnant, or who has a medical issue related to pregnancy or childbirth, like an employee who has a disability. For example, federal agencies must provide reasonable accommodations. Agencies should not assign employees less important duties and assignments, reject them for leadership roles, or pass them over for career advancement opportunities based on pregnancy or childbirth.  

Sexual Harassment

Title VII prohibits federal employers from subjecting employees to sexual harassment. Sexual harassment is unwelcome verbal or physical conduct of a sexual nature. It can range from sexually explicit language to requests for sexual favors. Employees of all genders may be victims of sexual harassment.  

Navigating the EEO process and stopping retaliation

Understanding workplace retaliation

A critical part of the federal EEO framework is the strict prohibition against employer retaliation.  Under Title VII, the ADEA, GINA, and the Rehabilitation Act, it is completely illegal for  management to retaliate against you for:  

• Filing a formal or informal discrimination complaint.
• Reporting a hostile work environment or supervisor harassment.
• Participating as a witness or providing evidence in someone else’s EEO case. 

Retaliation doesn't just mean getting fired. It frequently takes the form of subtle, punitive workplace changes designed to push you out—such as unfair negative performance reviews, revocation of telework privileges, denial of training opportunities, or reassignment of your core job duties. 

Phase 1: Informal counseling

If you have experienced discrimination or retaliation, the clock begins ticking immediately.  Federal employees must contact their agency’s EEO counselor within 45 days of the discrimination. This initial contact begins a 30-day period of informal counseling, which usually includes a brief investigation of the claims. After informal counseling ends, the agency gives the employee a Notice of Right to File a Formal Complaint. 

Phase 2: Formal complaint

If the employee wants to continue the process, they must file a Formal Complaint within 15 calendar days. The Formal Complaint should explain how the employee was discriminated or retaliated against, identify who is responsible, and include details about what happened. It is very important to meet all federal EEO deadlines, or the agency can dismiss your complaint for untimeliness. 

Phase 3: 180-day investigation

After an employee files a Formal Complaint, the agency has 180 days to investigate the claims. An investigator collects documents and testimony from the employee, the responsible management official, and other witnesses. 

Phase 4: Election of rights

When the investigation is complete, the agency must give the employee the report of the investigation and notify him/her of their rights. Federal employees may request a final agency decision (FAD), request a hearing before an EEOC administrative judge, or file a lawsuit in federal district court.  

Why should I hire Alan Lescht and Associates?

If your federal employer discriminated against you, we can help.  Our attorneys will work with you to evaluate your case, discuss your options, and develop a strategy to assert your rights.  Alan Lescht and Associates represents federal government employees in the following EEO matters:

• EEO complaints and investigations
• Final agency decisions (FAD)
• EEOC Office of Federal Operations (OFO) appeals
• EEOC administrative hearings
• Office of Congressional Workplace Rights (OCWR) cases
• Federal lawsuits
• Mediation and alternative dispute resolution (ADR)
• Settlement negotiations

Speak with an experienced employment attorney

Alan Lescht and Associates offers strategic, results-driven legal services to federal government employees around the world. Please visit our Contact Us page or call us directly at (202) 463-6036 to speak with an experienced employment attorney and learn how we can help protect your livelihood.