Government Employees
Government employees can be subjected to many of the same unlawful acts of discrimination and retaliation as workers in the private sector. However, government employees often have additional rights and claims based upon government regulations and the procedures for addressing claims of unlawful employer conduct.
Federal Workers
Federal government workers are protected from unfair employment practices such as discrimination or retaliation.
If you are a federal employee or job applicant, the law protects you from discrimination because of your race, color, religion, sex (including pregnancy), national origin, age (40 or 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 (even if the complaint is not yours.) There are also federal laws and regulations and Executive Orders that prohibit discrimination on other bases, such as sexual orientation, marital status, parental status, or political affiliation.
Government employees also often have additional rights and are entitled to a formal review prior to having discipline and removal imposed. These appeals can be made to the Merit Systems Protection Board (“MSPB”) which independently reviews agency actions.
If you are a federal employee or job applicant and you believe that a federal agency has discriminated against you, you have a right to file a complaint. Federal employees asserting claims of unlawful discrimination must file a charge with an EEO compliance officer within 45 days of the unlawful conduct.
Whistleblowers are also entitled to protection under law and regulation. Government employees are entitled to the protections contained within the Whistleblower Protection Act (WPA) for federal employees who engage in “whistleblowing,” that is, making a disclosure evidencing illegal or improper government activities.
State and Local Employees
State and local government employees often have the right to formal review or grievance of discipline or adverse actions. However, strict time limitations may apply to require immediate action to preserve certain rights and claims before administrative agencies.
If you are a government employee and you feel you are being, or have been subjected to unlawful conduct by your agency employer, Henrichsen Law Group, P.L.L.C.’s employment law team will be your partner in protecting your rights. We are experienced at representing government employees. Our attorneys handle cases in the District of Columbia, Maryland, Virginia, New Jersey, New York, Florida, and Georgia.
