Phoenix Federal Government Employee Lawyers

If you work for the federal government, filing claims against your employer is not as straightforward as you may think. The federal government has a unique system for dealing with discrimination claims and other employee conflicts. An experienced employment law lawyer can help you make sense of the administrative process you must go through before you can file a lawsuit. 

At the law firm of Yen Pilch Robaina & Kresin PLC in Phoenix, we understand the federal government employment law system and can help you through all of its steps and phases, from administrative hearing representation to pursuing a lawsuit. Our employment attorneys put 30 years of representation into your case, backed up by countless wins for our clients as employees in both public agencies and private companies. If you have an issue that involves employment law violations, including overtime violations, we know what to do, how to do it, and can advise or represent you in any proceedings.

When you need a Phoenix attorney, you can contact us or call at (602) 833-0220 to set up an appointment.

Federal Employee Discrimination Claims

Federal law prohibits discrimination in the workplace based on several protected categories. These laws ensure that federal employees have equal opportunities regardless of their race, color, national origin, sex, religion, age, disability, or genetic information.

Protected Categories under Federal Law:

• Race & Color: Discrimination based on an employee’s race or color is prohibited under Title VII of the Civil Rights Act of 1964.
• National Origin: Federal employees cannot be discriminated against based on their place of birth, ancestry, or ethnicity.
• Sex: This includes discrimination based on gender, sexual orientation, and gender identity.
• Religion: Employees cannot be discriminated against for their religious beliefs or practices. Employers must provide reasonable accommodations for religious practices.
• Age: The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and over from age-based discrimination.
• Disability: The Americans with Disabilities Act (ADA) ensures that employees with disabilities are treated fairly and given reasonable accommodations.
• Genetic Information: Discrimination based on genetic information is prohibited under the Genetic Information Nondiscrimination Act (GINA).

Recognizing and Proving Discrimination:

• Signs of Discrimination: Discriminatory behavior may include being passed over for promotions, receiving unfair performance evaluations, being subject to hostile work environments, or being denied equal pay for equal work.
• How to Prove Discrimination: To prove discrimination, an employee must show:
  • They belong to a protected class.
  • They were qualified for the position or task.
  • They suffered an adverse employment action (e.g., termination, demotion, denial of benefits).
  • Similarly situated employees not in the protected class were treated more favorably.

Common Examples of Workplace Discrimination in Federal Agencies:

• Denial of a promotion due to gender or age.
• Unfair treatment or harassment based on disability.
• Hiring decisions influenced by an individual’s national origin.

Whistleblower Protection for Federal Employees

Federal employees who report wrongdoing or illegal activities in their workplace are protected by the Whistleblower Protection Act (WPA). This law ensures that employees are not retaliated against for reporting misconduct, such as fraud, corruption, or violations of federal law. If you are a federal employee facing retaliation, our federal government employee lawyers can help you understand your rights and protect your interests.

How the Whistleblower Protection Act Works:

• Protection for Reporting Misconduct: The WPA safeguards federal employees who disclose evidence of violations of laws, rules, or regulations within their agency or elsewhere in the federal government.
• Prohibited Retaliation: Whistleblowers cannot be demoted, fired, or subjected to any adverse actions as a result of reporting wrongdoing.

How to File a Whistleblower Complaint:

• Filing with the Office of Special Counsel (OSC): Employees who experience retaliation or wish to file a whistleblower claim can file with the OSC. The OSC investigates claims of retaliation and can help resolve the issue.
• Evidence of Wrongdoing: To file a whistleblower complaint, employees must provide evidence that the reported wrongdoing is a violation of federal laws or regulations.

Examples of Whistleblower Retaliation:

• Demotion or Job Termination: An employee may be demoted or fired after reporting illegal activity.
• Harassment or Hostile Work Environment: Retaliation may include increased scrutiny, unfair treatment, or even physical intimidation.
• Reduced Work Hours or Benefits: An employee may face retaliation through a reduction in hours or loss of benefits for reporting misconduct.

If you are facing retaliation for being a whistleblower or need help understanding your rights under the Whistleblower Protection Act, it’s important to consult with an experienced employment lawyer who can guide you through the process.

Frequently Asked Questions (FAQs)

• What is federal employee discrimination?

Federal employee discrimination occurs when a federal government employer treats an employee unfairly or unequally based on their race, color, national origin, sex, religion, age, disability, or genetic information. These acts of discrimination violate federal laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA).

• How do I know if I’m experiencing discrimination in the federal workplace?

Signs of discrimination can include:

• Being denied promotions or raises without a clear reason.
• Receiving negative performance evaluations that seem unfair or biased.
• Facing harassment based on your race, gender, religion, or disability.
• Being treated differently from other employees in similar situations. If you notice any of these patterns, you may be experiencing discrimination and should seek legal advice.
• What is the process for filing a federal employee discrimination claim?

To file a discrimination claim as a federal employee:

1. Contact an Equal Employment Opportunity (EEO) Counselor: You must contact an EEO counselor within 45 days of the discriminatory incident to start the complaint process.
2. File a Formal Complaint: If the issue is not resolved, you can file a formal complaint with your agency.
3. Investigation and Resolution: The agency will investigate your claim, and if necessary, a hearing or mediation may be conducted.
4. Litigation: If the issue is not resolved through the agency’s process, you may pursue a lawsuit in federal court. Our federal government employee lawyers can guide you through the litigation process and help ensure that your rights are protected every step of the way.