Federal Sector Equal Employment Opportunity Practice Guide
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1. Purpose and targeted users:
Purpose: To provide detailed practical guidance in of federal sector processing in equal employment opportunity cases from start to finish, including treatment of the procedural issues that arise in complaints and the legal standards that apply to specific discrimination claims. And to provide coverage of an area of law (federal equal employment opportunity laws) that does not have a lot of coverage, particularly practical guidance. The guide provides in-depth, practical guidance for both complainants (i.e., federal sector employees) and employers (various federal agencies).
• Primarily employment attorneys, including those who specialize in representing federal government employees/applicants, as well as those who practice employment discrimination generally and may, from time to time, have a federal sector case. Because issues for federal government employees often arise under different statutes, the Practice Guide also is useful for attorneys whose focus is in representing clients before the Merit Systems Protection Board (MSPB) or in Office of Workers’ Compensation Programs (OWCP) claims.
• Human Resources (HR) and Labor or Employee Relations (LER) Specialist at federal government agencies, as they often initially receive reports of discrimination and are charged with advising management on these issues.
• Equal Employment Opportunity (EEO) (or comprable offices) in federal government agencies, who are charged with processing the EEO complaints of federal government employees.
• Unions for federal government employees, who often advise members on the EEO complaint process.
2. User benefits:
• Provides coverage of area of law (federal equal employment opportunity laws) that does not have a lot of coverage, particularly practical guidance.
• Includes numerous types of practical guidance, such as “Practice Tips,” “Considerations,” “Warnings,” “Examples,” and sample forms.
• Provides in-depth, practical guidance for both complainants (i.e., federal sector employees) and employers (various federal agencies).
• Includes differences between federal and private sector discrimination complaints, mainly information on how federal sector EEO complaint processing differs from private sector and, when applicable, where the law applied to federal sector cases diverges from private sector cases. The benefit of this is that understanding differences between state and federal complaints can be important for federal practitioners in helping them to craft arguments.
• Provides extensive strategic advice for complainants in litigating EEO complaints, including developing evidence in support of their claims.
• Provides strategic advice for agencies in litigating EEO complaints, as well as how to take steps in advance to prevail in litigation.
3. Source authority:
Benjamin E. Wick and Holly V. Franson are frequent writers and speakers on legal issues impacting federal employees and agencies. They have written articles on matters relevant to federal employees for various publications, as well as for Lexis Practice Advisor. They have presented at numerous conferences on topics focusing on individuals with disabilities. The topics of these presentations include providing reasonable accommodations in the workplace and determining best practices for disclosing disabilities to employers. Mr. Wick and Ms. Franson also have provided trainings to employers and employees on reasonable accommodations, diversity in the workplace, and discrimination laws applicable to federal employees.
Table of Contents
Front Matter: Table of Contents; About the Authors; Foreward
Chapter 1 Overview of Discrimination Complaints for Federal Employees
Chapter 2 Informal Equal Employment Opportunity Complaints
Chapter 3 Formal Complaints
Chapter 4 Equal Employment Opportunity Commission Administrative Hearings
Chapter 5 Class Action Complaints
Chapter 6 Final Agency Decisions
Chapter 7 Appeals to the Office of Federal Operations
Chapter 8 Litigation of Federal Sector Cases in Federal Court
Chapter 9 Overview of Theories of Discrimination Claims
Chapter 10 Title VII: Discrimination and Harassment Based on Sex
Chapter 11 Title VII: Discrimination and Harassment Based on Race
Chapter 12 Title VII: Discrimination and Harassment Based on National Origin
Chapter 13 Title VII: Discrimination and Harassment Based on Color
Chapter 14 Title VII: Discrimination and Harassment Based on Religion
Chapter 15 Title VII: Discrimination and Harassment in Retaliation for Prior Protected Activity
Chapter 16 Equal Pay Act
Chapter 17 Age Discrimination in Employment Act
Chapter 18 Rehabilitation Act, Americans With Disabilities Act, and Americans With Disabilities Act Amendments Act of 2008
Chapter 19 Genetic Information Nondiscrimination Act
Chapter 20 Intersection of Protected Classes (Multiple Protected Classes)
Chapter 21 Agency Regulations Providing Additional Protections
Chapter 22 Common Claims Raised by Federal Employees and Applicants
Chapter 23 Types of Available Relief in Federal Sector Equal Employment Opportunity Cases
Chapter 24 Alternative Dispute Resolution and Settlement Agreements
Chapter 25 Overlapping Issues
Appendix I. Chart of Informal Complaint Processing
Appendix II. Chart of Formal Complaint Processing
Appendix III. Sample Notice of Rights and Responsibilities
Appendix IV. Sample Litigation Hold Memorandum
Appendix V. Sample Formal Complaint
Appendix VI. Sample Acknowledgment Letter
Appendix VII. Sample Partial Acceptance Letter
Appendix VIII. Sample Notice of Right to Request a Hearing
Appendix IX. Sample Notice of Appearance Before the Equal Employment Opportunity Commission
Appendix X. Sample Notice of Breach