Practice area
Federal Sector EEO & Discrimination
Discrimination, harassment, and retaliation complaints by federal employees run through the federal-sector EEO process — a system with its own rules, its own judges, and a 45-day clock that starts the day something happens to you.
Who this is for
- You were passed over for promotion, and the reasons you were given don't hold up next to who was selected.
- A supervisor's comments or conduct — about your race, sex, age, religion, national origin, or disability — have made your workplace hostile, and reporting it internally changed nothing.
- Your agency denied a reasonable accommodation you need to do your job, or put you through months of "interactive process" that went nowhere.
- Things turned bad after you filed an EEO complaint, requested accommodation, or served as a witness — worse assignments, a lowered appraisal, a sudden PIP. Retaliation is its own claim.
- You already contacted a counselor or filed a complaint on your own, and the process has become more than you can manage alongside your job.
The process at a glance
The federal-sector EEO process moves in fixed stages. Each stage has its own deadline, and what you preserve early determines what you can win later.
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EEO counselor contact 45-day deadline
You must contact an EEO counselor at your agency within 45 calendar days of the discriminatory act (or the effective date of a personnel action). Informal counseling — or ADR if you choose it — usually runs about 30 days.
How we help: We assess whether the 45-day clock has run (and whether an exception applies), frame the claims correctly from the first contact, and advise on whether ADR makes sense in your situation.
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Formal complaint 15 days after final interview
If counseling doesn’t resolve the matter, you receive a notice of right to file a formal complaint — and 15 days to file it. The agency then accepts or dismisses each claim.
How we help: We draft the formal complaint so every viable claim and basis is preserved, and we push back when the agency tries to dismiss or fragment claims.
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Agency investigation 180 days
The agency has 180 days to investigate accepted claims. An investigator gathers documents and sworn statements and compiles a Report of Investigation (ROI).
How we help: We prepare your affidavit, identify the comparators and documents the investigator should collect, and review the ROI for the gaps that matter at hearing.
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EEOC hearing or final agency decision Election point
After the investigation (or 180 days, whichever comes first), you choose: request a hearing before an EEOC administrative judge, or ask the agency for a final agency decision (FAD) on the record.
How we help: This election is strategic. We advise which path fits your evidence, then litigate the hearing — discovery, motions, witness examination — like the trial it effectively is.
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OFO appeal 30 days to appeal
Either side can appeal a decision to the EEOC’s Office of Federal Operations. You generally have 30 days from receipt of the final order to file. Federal court remains an option at defined points.
How we help: We brief OFO appeals and advise on when to take a case to federal district court instead.
What relief can look like
Remedies in federal-sector EEO cases are set by statute and depend on what is proven. Depending on the case, relief can include:
- Reinstatement or retroactive promotion — placement in the position you would have held absent discrimination.
- Back pay and benefits — including interest, for the period the discrimination cost you.
- Compensatory damages — for out-of-pocket losses and emotional harm, capped by statute at $300,000 against most agencies.
- Attorney's fees and costs — the agency can be ordered to pay your reasonable fees when you prevail.
- Corrective measures — removal of bad references from your file, training, or restoration of leave.
Every case turns on its own facts. Prior results do not guarantee a similar outcome, and nothing here is a prediction about your case.
On the 45-day clock?
A short, confidential case evaluation will tell you whether your deadline has run, what claims you have, and what to do first. We represent federal employees nationwide.