Do You Need To File A Complaint With The EEOC Or The Merit System Protection Board?
Federal employees in the executive and legislative branches of the U.S. government are covered by Title VII of the 1964 Civil Rights Act. If you believe you’ve been discriminated or harassed in violation of a federal anti-discrimination statute, you may file a complaint with the Equal Employment Opportunity Commission (EEOC).
If you have been fired or suspended for more than 14 days by your agency or department, you may qualify for a hearing before the Merit System Protection Board, which ensures that career civil servants are not subjected to partisan political actions. Both agencies are powerful allies for federal employees who experience wrongful workplace treatment. However, both agencies also have strict guidelines for filing complaints or appeals and rigid timelines which must be met to keep your claim active.
If you are considering filing a complaint with the EEOC or the Merit System Protection Board, call me, attorney Arthur A. Elkins Jr. Prior to starting my law firm, DC Federal Employment Lawyer PLLC, my two decades working as a federal employee included positions as the inspector general for the Environmental Protection Agency during the Obama and Trump administrations, as well as providing general counsel services in several other agencies. I understand federal employment law from the inside out.
Which Agency Should You Talk To About Your Situation?
The correct place to direct your workplace complaint depends on what sort of harm you’ve experienced. The EEOC is responsible for adjudicating complaints that involve violations of federal anti-discrimination laws. The commission handles complaints in which (1) the complainant requests a hearing before an EEOC administrative judge; and/or (2) the complainant appeals an agency’s final action on the complaint to the Office of Federal Operations (OFO).
The Merit Systems Protection Board, on the other hand, was created as part of a reform of the Civil Service Commission in 1979. It is tasked with hearing employee appeals related to termination, suspension or other prohibited employer actions based on partisan politics. You will want to consider a complaint to the board if you feel you have been subject to negative employment actions as a result of politically motivated management decisions.
As your lawyer, I can listen to your complaint and help you determine the best course of action to seek a successful resolution to your case. I can help you assemble a compelling complaint and see that your rights as a federal employee are respected. Perhaps most importantly, I can help you meet all applicable deadlines, follow administrative procedures to the letter, and even the odds when you are making your case in an administrative hearing or at an appeal.
Fighting By Your Side For A Fair And Equitable Federal Workplace
You never have to accept unfair or hurtful treatment at work. Let me help you advance your complaint and navigate the complex federal employment administrative system. To set up an initial consultation, call 202-204-2213 or contact me using my online intake form. From my office in Washington, D.C., I work with clients across the country, as well as overseas.