Federal Equal Employment Opportunity Commission (EEOC) Claims
Many Federal Equal Employee Opportunity (EEO) claims are the result of discrimination or harassment on the basis of age, race, color, religion, sex, national origin, physical or mental disability, some uses of medical leave, and other protected areas. Additionally, such claims may be brought on the basis that the federal agency involved has not properly or at all accommodated the disability of an agency employee or that the employee has been retaliated against for prior EEO activity.
Within 45 days of an unlawful discriminatory, harassing, or retaliatory act, a federal employee or ex-federal employee must make a request for informal EEO counseling through the appropriate agency official. This is a strict time frame that must be adhered to in order to begin a successful EEO claim. Sometimes the parties participate in a mediation during the counseling and the matter is resolved. If counseling does not effectively resolve the case, the employee may bring a formal complaint.
Individuals bringing EEO claims should retain legal counsel experienced in handling such matters during the informal counseling phase and throughout the EEO claim process. San Diego Employment Law Group is one of the most experienced law firms in the nation handling such claims on behalf of federal employees.
Formal EEO Complaint
A formal EEO complaint must be filed within 15 days of receiving notice from the counselor that the employee may file. There are two parts to a formal EEO complaint. First, there is a formal investigation conducted by the agency or by someone associated with the agency and culminating in a written investigative report. The written investigative report is completed by the investigator. Among other legal work, the attorneys of San Diego Employment Law Group will assist with our client’s affidavit, scrutinize the affidavits of others involved in the matter and, if applicable, make recommendations to the investigator for evidence to include in support of the client’s EEO claim.
Second, there is the hearing (i.e. an administrative trial before an EEOC administrative judge). The employee through his or her representative has the opportunity to make a case before an administrative judge. The lawyers at San Diego Employment Law Group will represent the employee in preparing the case and at the hearing to help ensure that his or her rights and interests are protected. The judge will then make a recommended decision to the agency. San Diego Employment Law Group can often work with the agency to efficiently achieve a favorable and early settlement. However, our attorneys are always prepared to move forward with the hearing before the judge if the case requires it. If the employee prevails, many beneficial remedies are available. For example, if the employee was fired, he or she can be reinstated with back pay, seniority and benefits. The employee may receive up to $300,000 in compensation for emotional distress damages as well as attorneys’ fees and costs.
Call For A Free Consultation
If you would like to discuss a federal EEOC matter with a highly experienced employment law attorney at no charge, you may contact our offices at either 619-528-2530, (858) 481-4956 or (760) 431-2010 to set up an appointment. San Diego Employment Law Group has offices in San Diego’s Mission Valley and Del Mar Heights, and in Carlsbad, California.