Retaliation Protection for Federal Employees
“Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases.” These are the words of the Equal Employment Opportunity Commission (EEOC). Retaliation is, unfortunately, a pervasive issue for employees in all walks of life, and working for the federal government is no exception.
If you believe that you were terminated, suspended, or subjected to other discipline or adverse action on a retaliatory basis, it is critical that you seek help from an experienced attorney. Federal laws strictly prohibit retaliation against employees who engage in “protected activity,” and federal employees who face retaliation have clear legal rights.
FAQs: Retaliatory Discipline and Adverse Action Against Federal Employees
Q: What are some examples of unlawful retaliation?
Federal agencies are prohibited from imposing discipline or adverse action based upon employee’s assertion of their legal rights. This includes the right to be free from discrimination and harassment under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and other federal anti-discrimination laws. Some common examples of “protected activities” that can support claims of retaliation include:
- Answering questions during an investigation
- Reporting suspicions about discrimination or harassment to a supervisor or other federal employee
- Filing an EEO charge or MSPB appeal
- Refusing to participate in discriminatory or harassing activity
- Refusing to consent to sexual contact or advances
- Requesting accommodations for a disability
Q: Can the federal government ever suspend or terminate an employee who has filed an EEO complaint or MSPB appeal?
Yes. Federal agencies can issue discipline and take adverse action against employees at any time – so long as the action is not based on an employee’s protected activity. So, for example, if you face a reduction in force (RIF) while your discrimination case is pending, as long as the RIF is lawful, you may still be at risk of losing your job.
However, in these types of scenarios, it is critical to make sure the government is not violating your rights. If the reduction in force is a pretext for a retaliatory termination, or if the RIF does not adhere to the U.S. Office of Personnel Management’s mandatory procedures, you may still be entitled to file an MSPB appeal.