Claims of Discrimination, Harassment and Reprisal – Discrimination and harassment claims must be based on the fact that you are a member of a protected class (relating to your race, color, religion, sex (including pregnancy), national origin, age (40 and older), disability or genetic information. The law also protects you from retaliation if you oppose employment discrimination, file a complaint of discrimination, or participate in the EEO complaint process.
These claims can be handled through the federal EEO process. Federal civilian employees must first contact their local, internal EEO department and work with an EEO counselor there before filing a formal complaint with the EEOC. Additional information can be found on the EEOC’s Federal Sector EEO Complaint Process page.
Claims Involving Termination, Demotion or Long Term Suspension– Typically, if you are not a probationary employee and have completed one year of continuous federal service, the MSPB can be an avenue for recovery where your claim concerns an adverse action taken against you – typically a long term suspension, demotion or termination of employment. MSPB appeals can also include claims by whistle-blowers based on retaliatory actions taken against them by their federal employer. MSPB appeals can also include discrimination and harassment type claims, assuming certain criteria is met. A direct request to appeal though the MSPB must be made quickly, however, usually within 30 days of the effective date of the adverse action. A federal employee can contact the MSPB directly to request the appeal. The MSPB website contains additional information.
Contact Freeland Law APC for a consultation with Michael Freeland, experienced employment lawyer serving San Diego, California.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.