Government Employment Law

This office provides experienced representation to federal, state, and local government employees in a broad range of employment related proceedings. This practice represents public sector employees in proceedings before federal, state, and local government agencies, and federal and state courts, in hearings, trials, and appeals. Such representation includes Equal Employment Opportunity cases, a wide-range of personnel actions, including adverse disciplinary and performance cases, civil rights cases, and actions asserting violations of the United States Constitution.

EEO CASES

  • EEO Discrimination & Retaliation.
  • Unlawful Harassment/Hostile Work Environment.
  • EEO Cases re: Grievances, Informal, and Formal Complaints.
  • EEO Investigations.
  • EEO Cases before United States Courts: Trials & Appeals.
  • U.S. Equal Employment Opportunity Commission.
  • U.S. Merit Systems Protection Board.
  • State & Local Government Civil Rights Agencies.

PERSONNEL & CIVIL RIGHTS CASES

  • Defense of Adverse Disciplinary and/or Performance Actions.
  • Government Investigations.
  • Civil Rights & U.S. Constitutional Rights Cases.
  • National Security Clearances.
  • Professional & Occupational Licensure.
  • U.S. Merit Systems Protection Board.
  • State & Local Government Personnel Boards.

CONSTITUTIONAL RIGHTS

Pursuant to 42 U.S.C. Section 1983 [Section 1983], a federal Civil Rights Enforcement statute, private persons have the right to assert a cause of action in federal court to enforce rights provided by the United States Constitution. Section 1983 is not the exclusive method to enforce rights provided by the U.S. Constitution.

Section 1983 is a common claim in public sector employment cases. Examples of Section 1983 claims are set forth below.

  • A violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. In such claims, a person may assert discrimination based on race or gender, including racial and sexual harassment.

  • A violation of the Due Process Clause of the Fourteenth Amendment. In such cases, a person may assert that she has been deprived of property or liberty in employment without due process of law.

  • A violation of the rights protected by the First Amendment, including violations of the freedoms of speech, expression, association, and religion, in the context of public employment.

PROFESSIONAL & OCCUPATIONAL LICENSURE

The State of Colorado regulates the licensing requirements for numerous professions and occupations.

This practice represents clients confronting revocation proceedings. Moreover, this office advices clients, and represents clients in negotiations, investigations, administrative hearings, and Court proceedings concerning the licensing process.

NATIONAL SECURITY CLEARANCES

This practice represents persons involved in all phases of the national security process, including investigations and proceedings to suspend, deny, or revoke a clearance, and appeal procedures concerning such decisions.

In general, the federal government provides a national security clearance to persons who hold employment positions in which they have access to sensitive national security information. A national security clearance is provided to federal government employees or persons who work for a federal government agency contractor.

Prior to receiving a security clearance, an applicant is submitted to a comprehensive and lengthy background and security investigation.