Federal Sector Equal Employment Opportunity Practice Guide

This new Practice Guide covers everything the practitioner needs for practice before the federal Equal Employment Opportunity Commission (EEOC). The publication details the discrimination complaint process for federal employees and applicants and also includes chapters on common claims raised by federal employees and applicants, the types of relief available in federal sector equal employment opportunity cases, and alternative dispute resolution and settlement agreements.
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2024 Edition
ISBN: 9781663377746
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2024 Edition
ISBN: 9781663377753
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2024 Edition
ISBN: 9781663377753
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The Federal Sector Equal Employment Opportunity Practice Guide provides detailed practical guidance in federal sector processing of equal employment opportunity cases, including treatment of the procedural issues that arise in complaints and the legal standards that apply to specific discrimination claims. It provides coverage of an area of law that does not have a lot of analysis, particularly practical guidance for both complainants (i.e., federal sector employees) and employers (various federal agencies).

The Practice Guide is geared towards 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 guide is also useful for: (1) attorneys who represent clients before the Merit Systems Protection Board or in Office of Workers’ Compensation Programs claims; (2) Human Resources personnel and labor or employee relations specialists at federal government agencies, as they often initially receive reports of discrimination and are charged with advising management on these issues; (3) Equal Employment Opportunity (EEO) offices in federal government agencies, who are charged with processing the EEO complaints of federal government employees; and (4) unions for federal government employees, who often advise members on the EEO complaint process.

The guide includes numerous types of practical guidance, such as “Practice Tips,” “Considerations,” “Warnings,” “Examples,” and sample forms. It 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. Extensive strategic advice for complainants in litigating EEO complaints, including developing evidence in support of their claims, is also included, as is strategic advice for agencies in litigating these complaints.

The 2023 edition ISBN is 9781663353597.

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Table of contents

Front Matter: Table of Contents; About the Authors; Foreword

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