Discrimination & Retaliation

Equal Employment Opportunity

The policy of the United States Government is to provide equal opportunity in employment for all persons [EEO]. Federal government employees are protected against employment discrimination and retaliation under federal government employment and civil rights laws.

Murray Law welcomes the opportunity to provide dedicated and experienced counsel representation to federal government employees. Steven Murray has successfully represented individuals in employment discrimination and retaliation lawsuits before United States District Courts, obtaining jury verdicts and favorable resolutions on behalf of employees, applicants, and former employees.

Discrimination

Employment discrimination is unlawful when an individual is subjected to an adverse action or treated less favorably because he or she is a member of a lawfully protected class. Federal government employees are protected against employment discrimination on the following bases:

  • Race or Color
  • National Origin
  • Age
  • Sex
  • Sexual Orientation
  • Gender Identity
  • Pregnancy
  • Religion
  • Disability
  • Harassment – Hostile Work Environment
    • Employees are protected against harassment resulting in a tangible adverse employment action, i.e. discharge, or conduct subjecting the employee to a hostile work environment, when the objectionable conduct is based on a protected status or class, i.e. race.

Federal government agencies are required to provide reasonable accommodations to employees seeking accommodations to a disability or a religious belief or practice.

A federal government employee may have “mixed-case” for resolution before the U.S. Merit Systems Protection Board [MSPB]. A mixed-case involves an appeal of an adverse personnel action to the MSPB, i.e. a suspension exceeding 14 days, in which the employee asserts the personnel action was impacted by improper discrimination against the employee because of his or her protected status.

Retaliation

A federal agency employer is prohibited from discriminating against an individual, by retaliatory action, because the individual has:

  • Opposed discrimination under federal law, or

  • Participated in an employment discrimination proceeding by filing a charge of discrimination, assisting, testifying or participating in any investigation, litigation, or proceeding under the applicable employment law.

An agency employer may not subject an employee to retaliatory harassment or a hostile work environment because the person engaged in lawfully protected EEO activity.

An employer may not retaliate against an individual for requesting and/ or receiving a reasonable employment accommodation for an individual’s religion or religious practice.

Discriminatory & Retaliatory Actions

Unlawful discriminatory or retaliatory actions include adverse or less favorable actions taken because of a person’s protected status, i.e. race or disability, or because a person engaged in lawfully protected activity or opposition to a discriminatory practice−including but not limited to:

  • Failure or Refusal to Hire.
  • Discharge.
  • Discipline.
  • Employer actions re: terms, conditions or privileges of employment.
  • Agency employer actions: compensation, wages, or benefits.
  • Promotion, demotion, or job assignments.
  • Limiting, segregating, or classifying employees for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status.
EEO Complaint Process

The federal government EEO complaint process is complex. Any federal employee who believes that she or he is a victim of unlawful discrimination or retaliation is served by contacting an attorney for guidance and representation in the process.

In general, any person who believes that he or she has a discrimination or retaliation claim, must contact the EEO counselor in the agency where the aggrieved employee is employed, within 45 days of the discriminatory or retaliatory action.

Murray Law provides counsel and representation to federal government employees concerning every phase of the EEO process. Legal representation is provided in federal government administrative proceedings and hearings. Federal employees are represented in discrimination and retaliation cases before U.S. District Courts.

Conclusion

Murray Law welcomes the opportunity to provide legal counsel and representation to federal government employees, former employees, and applicants addressing the issues of employment discrimination and retaliation. Please call Steven Murray at 720-600-6642.

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