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Know Your Rights as a Federal Government Employee
By Christine Nazer
You might have thought that discrimination in the workplace was an old story, but unfortunately it's still commonplace today. And the federal government -- the nation's largest employer -- is no exception.
Young Feds should know about the legal protections against workplace discrimination, as well as the unique process in place that the U.S. Equal Employment Opportunity Commission (EEOC) has established for addressing discrimination allegations in the federal government workplace.
Consider this EEOC 101:
The EEOC enforces the federal laws prohibiting employment discrimination, including Title VII of the Civil Rights Act of 1964 ("Title VII" ), the Age Discrimination in Employment Act ("ADEA") , and the Equal Pay Act ("EPA" ), Title I of the Americans with Disabilities Act ("ADA") (applicable to private sector employers), and its federal sector equivalent called Section 501 of the Rehabilitation Act of 1973. The Federal government is not exempt from these laws.
There are several different forms of discrimination. Among the most common:
- Unfair ("disparate") treatment because of race, color, religion, sex (including pregnancy), national origin, disability, or age (age 40 or older... you cannot be discriminated against because you are "too young. ");
- Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, disability, or age (again, age 40 or older);
- Denial of a reasonable workplace change needed because of religious beliefs or disability; and
- Retaliation because of a complaint filed about job discrimination or harassment, or assisted with a job discrimination investigation or lawsuit.
This is serious business-and the EEOC takes it seriously. If you believe you have been discriminated against in any of these ways, you have a right to make a claim against your agency. But it is important to follow the processes carefully.
Step One: Contact an EEO Counselor at your agency's EEO office within 45 days of the alleged discriminatory action (Ask your administrative officer, HR director or a senior person at your agency where the EEO Counselor is, if you don't know). The next steps involve counseling about the EEO process and perhaps alternative dispute resolution options. If the matter is not resolved, you will be given an opportunity to file a formal EEO complaint with the agency. The agency must conduct an investigation unless the complaint is dismissed by the agency's EEO office (for example, if it was filed beyond the time limit or it fails to allege a potential violation of the EEO laws). Once the agency finishes its investigation (or after 180 days), you may request a hearing before an EEOC Administrative Judge (who can hold a hearing similar to a court proceeding) or an immediate final decision from the agency. Both the complainant and the agency can appeal a decision by an EEOC Administrative Judge to the EEOC's Office of Federal Operations, the unit charged with overseeing compliance with EEO laws in the federal sector.
EEOC's website user-friendly publications on a host of EEO topics and cutting-edge efforts, including information of particular interest to federal employees, as well as the agency's new LEAD Initiative aimed at boosting the number of employees with severe disabilities in the federal workforce to promote inclusion and equal opportunity for all.
Through enforcement of anti-discrimination laws, education efforts, and the support and involvement of Young Feds, the EEOC hopes to make discrimination a thing of the past... and not a part of your future.
A member of the YoungFeds.org's 35<35 advisory board and our blogger every Thursday (Equal Time With Christine) Christine Saah Nazer is a young Fed working in the Office of Communications and Legislative Affairs at the U.S. Equal Employment Opportunity Commission
