LEGAL DISCLAIMER

We reserve the right to change this disclaimer at any time.

The information contained in this website is provided for informational purposes only. It is general in nature. It is also provided “as is”. There is no guarantee of completeness, accuracy, timeliness or correctness. It is provided without warranty of any kind, expressed or implied.

This website does not constitute an offer of representation. It also does not create an attorney-client relationship with Leitner Varughese Warywoda Law or MSPBAttorneys Media LLC. Viewing this website and communicating with LVW Law or MSPBAttorneys Media LLC by electronic mail does not create an attorney-client relationship. Contacting LVW Law or MSPBAttorneys Media LLC through the internet is not considered secure. As a result, you should not send confidential or sensitive information that may be illegally intercepted by others.

The information contained in this site is not meant to substitute for specific legal advice given by a licensed attorney in your state based on your individual situation. Therefore, do not act on or rely on any information in this website without seeking the advice of an attorney. In no event will LVW Law be liable for any decision you may make or action you may take in reliance on any information this website contains.

Links Offsite

Various pages on this website contain links to other companies, services and resources on the World Wide Web. These include the Merit Systems Protection Board (also called the MSPB). These links are provided as aids and as a public information service only. LVW Law and MSPBAttorneys Media LLC make no representations regarding the quality of services offered by any of these companies or individuals. LVW Law and MSPBAttorneys Media LLC also make no representations regarding the accuracy or any other aspect of information in other websites.

We offer this disclaimer to protect you. This is because the details of your case will always matter.

Retaliation Protection for Federal Employees

MSPB Retaliation Protection

“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.

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