Federal employment laws are designed to protect the rights of federal employees. These laws prohibit discrimination and harassment, protect whistleblowers, and provide an avenue for appealing adverse actions, but they differ from laws and regulations that apply to private sector employees. If you believe your rights have been violated, you need an experienced federal employment law attorney.
Solomon Law Firm, PLLC is the law firm of choice in high-stakes federal employment disputes. We regularly represent federal employees in Washington D.C. and nationwide in administrative and court proceedings and work strategically to achieve positive outcomes.
When you meet with us, we will take the time to learn about your circumstances and explore your legal options. Taking legal action against a federal employer is challenging, but our legal team has the skills, experience, and determination to protect your rights. Contact our office today to schedule a confidential consultation.
The EEOC and Protecting Federal Employees Against Discrimination
Discrimination is a persistent problem in workplaces throughout the U.S., including federal agencies. However, Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, gender, national origin, sexual orientation, and gender identity. This landmark civil rights law makes it illegal for federal employers to discriminate when making employment decisions such as:
- Hiring
- Compensating
- Promoting
- Disciplining
- Firing
In addition to Title VII, federal employees are protected by the following equal employment opportunity laws:
- The Equal Pay Act of 1963 protects women and men from gender-based wage discrimination regarding wages and benefits for performing substantially equal work in the same federal agency.
- The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are 40 or older.
- The Rehabilitation Act of 1973 prohibits discrimination against federal employees and job applicants with disabilities and requires federal agencies to make reasonable accommodations for any known disabilities. The Rehabilitation Act made the Americans with Disabilities Act applicable to the federal government.
Federal employees who believe they have been discriminated against must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 45 days. Our federal employment discrimination attorneys will guide you through the EEOC complaint process and protect your rights.
Adverse Actions (MSPB)
Our federal employment lawyers regularly represent clients before the Merit Systems Protection Board (MSPB), an independent agency that protects the rights of federal employees in the civil service system. The MSPB hears appeals of adverse personnel actions, such as demotions, suspensions, and removals. Several federal laws govern the claims before the MSPB, including:
- The Civil Service Reform Act (CSRA) provides the legal framework for federal employment practices and governs various aspects of the federal personnel system, including adverse actions, appeals, and whistleblower protections.
- The Whistleblower Protection Act (WPA) protects federal employees who disclose evidence of waste, fraud, abuse, or other wrongdoing within the federal government.
- The Veterans Employment Opportunities Act (VEOA) allows veterans to apply for certain federal positions that are only open to internal candidates or those already in the federal service. The MSPB hears appeals related to veterans’ preference rights and VEOA claims.
- The Back Pay Act (BPA) authorizes the payment of back pay and related benefits to federal employees subject to an unjustified or unwarranted personnel action.
- The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of individuals who serve in uniformed services, including reinstatement rights and protection from discrimination based on military service.
- The Whistleblower Protection Enhancement Act of 2012 (WPEA) provides additional protections for federal whistleblowers, strengthening the WPA and making it easier for employees to disclose wrongdoing without fear of retaliation.
The MSPB also hears claims involving the ADEA and the Rehabilitation Act of 1973. Federal employees who believe they have been the subject of an adverse personnel action can file an appeal with the MSPB. You can depend on us to guide you through the appeals process and help assert your employment rights.
Whistleblower Attorney & Office of Special Counsel (OSC)
Federal whistleblower laws protect federal employees who report wrongdoing by their employer. The Whistleblower Protection Act (WPA) prohibits retaliation against employees who report violations of laws, rules, and regulations or provide information about fraud, waste, or abuse. This includes protection against adverse employment actions, such as termination, demotion, or harassment. The WPA also established the Office of Special Counsel (OSC), an independent agency responsible for investigating and prosecuting cases of retaliation against whistleblowers.
Several laws tie into or supplement the WPA to enhance its scope and effectiveness, including:
- The WPEA expands the definition of protected disclosures, strengthens enforcement mechanisms, and increases accountability for agencies that retaliate against whistleblowers.
- The CSRA established the MSPB and created the framework for the federal personnel system, including whistleblower protections.
- The Inspector General Act (IG Act) established independent Offices of Inspectors General (OIG) within federal agencies to conduct audits and investigations of agency programs and operations.
- The Intelligence Community Whistleblower Protection Act (ICWPA) provides specific protections for whistleblowers in the intelligence community and allows employees of intelligence agencies to report classified information to Congress, subject to certain conditions, and provides safeguards against retaliation.
- The National Defense Authorization Act (NDAA) contains provisions related to whistleblower protections within the Department of Defense and other defense agencies.
- Presidential Policy Directive 19 (PPD-19), issued by President Obama in 2012, requires federal agencies to establish and maintain procedures to protect national security whistleblowers.
These laws work together to establish a comprehensive framework for protecting federal whistleblowers and encouraging them to come forward with information about misconduct and wrongdoing.
Federal employees who believe they have been retaliated against for whistleblowing can file a complaint with the OSC. The agency has the authority to order corrective action, including reinstatement, back pay, and other remedies. Our firm advocates on behalf of federal employees before the OSC and has a proven history of protecting them from whistleblower retaliation.
Harassment in Federal Workplaces
It is common to think of harassment in terms of sexual harassment; however, federal employees are protected from harassment based on any of the protected classes mentioned above.
Harassment is a form of discrimination that involves unwanted and unwelcome behavior that creates a hostile work environment. Examples of non-sexual harassment include:
- Offensive jokes
- Insults
- Racist slurs
- Ridicule
- Mockery
- Intimidation
- Threats
- Verbal abuse
Sexual harassment occurs (1) when a person in a position of authority makes sexual demands in exchange for an employment benefit (quid pro quo harassment) or (2) a federal employee is subjected to offensive comments, conduct, or displays by anyone in the workplace that creates an abusive, threatening, or hostile work environment.
At Solomon Law, we believe that all federal employees have a right to a work environment free from any form of harassment. When you become our client, we will help with your EEOC complaint and seek appropriate corrective action.
Congressional Complaints and Testimony
We represent legislative branch employees before The Office of Congressional Workplace Rights (OWCR) in claims involving:
- U.S. House of Representatives
- U.S. Senate
- U.S. Capitol Police
- Congressional Budget Office
- Office of the Architect of the Capitol
- Office of the Attending Physician
- Office of Compliance
- Office of Congressional Accessibility Services
If you have been subjected to an adverse action or retaliation for reporting discrimination, harassment, or violations of the Congressional Accountability Act, our federal employment lawyers are available to help you navigate the process. We also represent federal employees who have been called to testify before Congress or a legislative subcommittee.
Security Clearances
The process of obtaining and maintaining security clearance is intricate and vital. It serves as a testament from the federal government, affirming an individual’s trustworthiness with sensitive information. Approval for clearance is only granted when the government deems it necessary for national security.
In today’s landscape, an increasing number of federal agencies are mandated to issue security clearances. While entities like the Department of Defense and the Central Intelligence Agency have long required clearances, other agencies now demand them for a growing array of positions.
Obtaining clearance requires undergoing a rigorous background check, and any unfavorable findings may jeopardize the acquisition or retention of your clearance status. Our team will diligently assist you in addressing any potential issues that may arise during the application process, ensuring you are in the strongest position to acquire or maintain your security clearance.
Inspector General Complaints
Our firm assists federal employees with filing complaints with the Office of Inspector General (OIG) regarding misconduct, waste, fraud, or abuse within their respective agencies.
Filing a Lawsuit
While federal employment-related disputes can often be resolved through alternative dispute resolution methods (e.g. negotiation, mediation, arbitration), we are well-prepared to litigate in federal court to achieve the best possible outcome.
Why Solomon Law?
We have a well-earned reputation as dedicated advocates who adhere to the highest ethical and professional standards. Peers have consistently rated our attorneys for inclusion in Best Law Firms in America, Super Lawyers, Avvo, and Best Lawyers, highlighting our commitment and track record of success.
When you work with us, we will explain the applicable laws and regulations, and help you understand the potential outcomes of different legal strategies. Trust Solomon Law to help you navigate the complex legal process involved in federal employment disputes, protect your legal rights and interests, and achieve a favorable outcome in any forum.
Talk To An Experienced Federal Employment Law Attorney Today
Whether you have been subjected to discrimination, harassment, adverse action, or retaliation, turn to Solomon Law. We are nationally recognized as leaders in federal employment law and have an impressive track record of success. Contact us today so we can start working on your case.