Federal Discrimination Attorneys Helping You Fight Back Against Workplace Discrimination

Last updated on November 13, 2026

Unlawful discrimination, harassment and retaliation can have a serious impact on federal employees. Our federal discrimination attorneys have experience prosecuting complaints before the Equal Employment Opportunity Commission under various statutes, including Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Amendments Act of 2008, the Age Discrimination in Employment Act, the Equal Pay Act, the Civil Rights Act of 1991, the Congressional Accountability Act of 1995, the No FEAR Act of 2002 and the Genetic Information Nondiscrimination Act of 2008.

These federal employment laws generally prevent certain forms of discrimination, harassment and retaliation with respect to the terms, privileges and conditions of employment. For instance, if you faced a personnel action, including denial of employment, reassignment, nonselection, discipline, termination or hostile work environment and it was due to unlawful discrimination or retaliation, then you may very well have an actionable claim.

Further, unlike the Merit Systems Protection Board, the commission’s jurisdiction extends to almost all federal employees and agencies.

How Can Southworth PC Help With Your Federal Employment Discrimination Case?

If you believe you have been facing unlawful discrimination, harassment or retaliation, please feel free to contact our federal EEO attorneys for a free consultation. We will be happy to evaluate your case to determine if we would be able to help. We will see if we can represent you in light of the remedial or the whole nature of the statutes and the nature of your case.

Although we prefer to represent employees from the beginning of the complaint process, we also accept cases with employees who have already begun the process. Our representation is usually best if we can represent federal employees or former federal employees at all stages of the process, including initial counseling, the formal complaints process, the investigation of complaints, settlement of complaints, EEO hearings and any resulting awards, including obtaining actual damages, liquidated damages, declaratory relief, injunctive relief and legal fees.

What Are The Most Common Types Of Federal Employment Discrimination?

The most common types of federal employment discrimination involve retaliation, disability, race and pregnancy. Take a closer look at these types below:

• Retaliation: This occurs when an employee faces adverse consequences for engaging in legally protected activities, such as reporting discrimination against themselves or a coworker.
• Disability discrimination: This happens when employers do not fairly accommodate employees with disabilities or treat them unfairly due to their medical conditions.
• Race discrimination: This involves unfavorable treatment based on an individual’s race or characteristics associated with race.
• Pregnancy discrimination: This involves unfair treatment of employees due to pregnancy, childbirth or related medical conditions.

Employees who believe they’ve encountered these types of discrimination may have grounds to file a complaint. Other types of discrimination can include national origin, sexual orientation and religious discrimination.

How Can You Prove Discrimination In The Workplace?

Proving discrimination at a federal agency typically involves gathering evidence that shows an employee was treated unfavorably because of a protected characteristic, such as race, age, gender or disability. This can include:

• Direct evidence: Explicit statements or actions that clearly indicate discriminatory intent.
• Circumstantial evidence: Patterns of behavior or decisions that suggest a bias, such as consistently promoting only certain types of individuals.
• Comparative evidence: Comparing the treatment of similarly situated employees in the same workplace.
• Policies and practices: Reviewing company policies that may inadvertently lead to discriminatory outcomes.
• Documentation: Keeping records of any discriminatory actions, including emails, memos or performance reviews.
• Witness testimony: Statements from colleagues or others who observed the discrimination.

It’s also crucial to demonstrate that the discrimination had a negative impact, such as job loss, demotion or denial of benefits. Legal counsel can help navigate the complexities of proving discrimination in the workplace and help you with your discrimination complaint.

Common Examples Of Damages You Can Receive In A Successful Federal Employment Discrimination Claim

In a successful federal employment discrimination claim, a victim might receive back pay and front pay, which cover lost wages and future earnings that were affected by the discriminatory act. For instance, if someone was wrongfully terminated by the federal government, they might get compensation for the income they missed and what they would have made had they remained employed. Job reinstatement is another potential outcome, where the victim gets their old job back or a similar position.

Damages for emotional distress are intended to address the psychological impact of discrimination, such as anxiety or humiliation. In severe cases of intentional discrimination, punitive damages could be awarded to punish the employer and deter future misconduct. These are often combined with other forms of legal relief, like changes to the employer’s policies to prevent further discrimination. However, these awards have caps based on the employer’s size, and in the case of age or sex discrimination, liquidated damages might apply, doubling the back pay without additional compensatory or punitive damages.

Understanding Title VII: Who Must Comply?

Title VII of the Civil Rights Act of 1964 applies to employers with 15 or more employees. This includes a wide range of organizations and entities, including federal agencies. State and local governments also fall under the purview of Title VII, as well as private sector companies that meet the employee threshold. Educational institutions, both public and private, are also covered, ensuring that they adhere to nondiscriminatory practices in their hiring and employment processes.

Labor organizations and employment agencies that assist in job placement and recruitment are subject to Title VII regulations. This ensures that these entities facilitate fair employment practices without discrimination. Even nonprofit organizations and trade associations must comply with this law.

The Federal EEO Complaint Timeline: Don’t Miss Your 45-Day Deadline

Many federal employees assume they have the same filing window as private sector workers, who generally have 180 days to file a charge with the EEOC, or 300 days in many states. Federal workers do not. Under 29 C.F.R. § 1614.105, your first move must be reaching out to an EEO counselor at your own agency no later than 45 days after the discriminatory act, or 45 days after a personnel action takes effect. Missing that deadline can end a strong claim before anyone reviews the facts.

From there, the federal sector process follows a set series of steps:

Informal Counseling

Counseling normally wraps up in 30 days. You can agree in writing to give the counselor up to 60 additional days, and choosing alternative dispute resolution stretches this stage to 90 days.

Formal Complaint

If counseling does not resolve the matter, you receive a notice of your right to file. You then have only 15 days to file a formal complaint with the agency.

Agency Investigation

The agency generally must complete its investigation within 180 days of the date you filed the formal complaint, and it sends you a copy of the report of investigation.

Hearing Or Final Agency Decision

Once the investigative file arrives, you have 30 days to choose your path. One option sends the case to an EEOC administrative judge, and the other lets the agency itself issue a decision on the record.

Appeal Or Federal Lawsuit

You can appeal the agency’s final action to the EEOC’s Office of Federal Operations within 30 days. You may also file a civil action in federal court within 90 days of the final action, or after 180 days from the formal complaint if the agency has not taken final action.

We help federal employees track every one of these dates, because a single missed deadline can cost you the right to be heard.

Steps To Take If You Faced Unlawful Federal Employment Discrimination

Facing unlawful federal employment discrimination can be a challenging and confusing experience. It’s important to know the steps you can take to protect yourself and seek justice, such as:

1. Keep records: Start by writing down everything that happened. Include dates, times, what was said or done and who was involved. This information will help you remember details and support your case.
2. Report it: Check if your workplace has a process for reporting discrimination. You might need to talk to your manager or the human resources department. Reporting it helps alert the business or agency to the problem.
3. Contact a lawyer: It’s a good idea to talk to a lawyer experienced with federal discrimination cases. We can help you understand your rights and what steps to take. We prefer to be involved early to guide you through the process from the start.
4. File a complaint: If the issue isn’t resolved, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). They will investigate your claim and help determine what to do next.

Taking these steps can help you address the situation effectively and ensure that your rights are protected. Remember, you’re not alone, and there are professionals and organizations ready to support you through this process.

Frequently Asked Questions About Federal Discrimination

The questions below cover issues that come up often for federal workers in the regions where we have offices:

I am a federal employee in Washington, D.C. How long do I have to file a discrimination complaint?

You have 45 days from the discriminatory act to contact the EEO counselor at your agency. That is the first step, and it applies whether you work at a Cabinet department headquarters or a smaller agency office in the D.C. area. Contacting the EEOC instead of your agency may not satisfy this requirement, so reach out to your agency’s EEO office as soon as you can.

Can I sue my federal agency in Atlanta for discrimination without going through the EEOC first?

No. Federal employees in Atlanta must exhaust their administrative remedies before filing a lawsuit. That means completing the agency’s EEO process, including counseling and a formal complaint, and then waiting for a final action or for 180 days after the formal complaint. A court can dismiss a case that skips these steps.

If I work for a federal agency in Dallas, where will my EEOC hearing take place?

When the investigation ends, you can ask for your case to go before an EEOC administrative judge. For federal workers in the Dallas area, the hearing is typically handled through the EEOC’s Dallas District Office, though many proceedings now take place by video.

Contact Us To Learn More In A Free Consultation

The ability to obtain certain relief depends upon the facts of your case. If you’re interested in speaking with one of our federal employment attorneys, call one of our offices in Atlanta, Dallas, and Washington, D.C. at 888-899-7284 or send us an email today.