Board Certified
Best Law Firms
Super Lawyers
AVVO

Discrimination Lawyer

Dallas Attorneys Advocating for Workers in the Public Sector

Government employees receive greater protection against discrimination than private sector employees do in many situations. They are protected against discrimination based on race, color, national origin, religion, sex, age, and disability, like private sector employees. They also may be protected against discrimination arising out of parental status, marital status, sexual orientation, political affiliation, and certain conduct. Different procedures must be followed by government employees who have a claim of discrimination. If you are dealing with government employee discrimination, you should consult with the experienced Dallas employment lawyers at Rob Wiley, P.C.

Federal Government Employee Discrimination

If you are a federal government employee, you may be able to seek remedies before the Merit Systems Protection Board (MSPB) and the Equal Employment Opportunity Commission (EEOC). Whether you should pursue a remedy before one agency or the other can involve a complex analysis. There are cases in which you could file a complaint with either agency because it is a mixed case. You should be aware that you will not be able to switch back and forth between agencies; after you have picked one agency, you will need to see the claim through on that path. It is wise to retain an attorney with experience handling claims on behalf of government employees so that you can choose the best path to recourse.

The MSPB

The MSPB protects the federal employment merit system. It resolves complaints related to prohibited personnel practices. It hears discrimination matters that count as prohibited personnel practices under 5 U.S.C. § 2302(b). Your federal government employer cannot discriminate against you based on your race, color, national origin, sex, religion, age, handicapping condition, marital status, political affiliation, or on certain other grounds. You can attack these prohibited personnel practices in different ways. The Office of Special Counsel has the authority to investigate your allegations. If it cannot get a satisfactory correction of the practice from the agency at which it happened, it can ask the MSPB to grant a corrective action. If it proves the claim, the MSPB can order a corrective action. While investigating, the Office of Special Counsel could ask the MSPB to stay a personnel action to which you were subject.

The MSPB is authorized to discipline your supervisor or manager for committing a prohibited personnel practice. Once there is a hearing, the MSPB can impose a disciplinary action that ranges from reprimand to removal or debarment from federal employment for a maximum of five years, or it can assess a civil penalty of a maximum of $1,000.

Sometimes it is possible for a government employee who is subject to a prohibited personnel practice to bring an appeal before the MSPB on their own. It can hear and determine appeals from adverse actions, such as demotions, suspensions longer than 14 days, removals, furloughs for up to 30 days, and reductions in grade and pay. Often, if an agency takes an otherwise appealable action against you over which the MSPB has jurisdiction to hear an appeal, it can consider your claim of government employee discrimination arising out of a prohibited reason under 5 U.S.C. § 2302. This claim is considered an affirmative defense.

The Equal Employment Opportunity Commission

Meanwhile, the EEOC is an agency that enforces anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Title VII prohibits discrimination based on race, national origin, color, religion, and sex. Under Title VII, you cannot be terminated based on your race, for example. The ADA prohibits discrimination based on a disability. The ADEA prohibits age discrimination if you are 40 or older.

These federal laws enforced by the EEOC also make it unlawful to retaliate against a federal government employee. It is unlawful for your employer to retaliate against you for filing a complaint, getting involved in the complaint process in somebody else’s case, or opposing discrimination.

Usually, you will be given permission to pursue damages in a federal discrimination lawsuit if you disagree with the EEOC’s determination about your case. Sometimes government units participate in alternative dispute resolution (ADR). ADR can involve mediation, arbitration, or expedited hearings before an administrative judge or hearing officer.

Consult an Experienced Employment Lawyer in the Dallas Area

If you are a government employee who has been affected by discrimination in Texas, it is important to discuss your situation with a skillful attorney. The attorneys at Rob Wiley, P.C. represent people in Dallas, Collin, Denton, Tarrant, Rockwall, and Ellis Counties. Call us at (214) 528-6500 or complete our online form.

Client Reviews
★★★★★
I would recommend the Law Office of Rob WIley, P.C. to anybody needing assistance with employment rights. They did an incredible job of handling my case professionally and in a very resonable time frame. In my initial consultation with Rob Wiley I was given a very straight forward analysis of my claims after which Fadi Yousef was the attorney assigned to my case. Working with Fadi was the best. He showed care and a true concern for the direction and result of my lawsuit. Fadi was always available and was in constant communication with me throughout. I thank Fadi Yousef, Rob Wiley and his team for doing a phenomenal job, they were an absolute pleasure to work with. R.G.
★★★★★
Rasha, Eric and Rob did it again a Second time around! I'll admit, they are truly the BEST employment lawyers out here in the Metroplex! Not only they won a case against my previous employer, they also won my unemployment insurance (UI) case as well! It is such a relief and a huge burden off my shoulders about not worrying how I'm going to pay my bills now and provide food for my family. I can't say enough how awesome they are and how far they go to make sure you are taken well care of. Thank you so much Rasha, Eric and Rob for all that you did for me! J.T.
★★★★★
Rasha Zeyadeh and Rob Wiley provided a very professional and comfortable experience. My case was tough being in Texas, but, Rasha worked very closely with me to get the best result possible. She was extremely open to listening to my concerns and suggestions, while using her expertise to guide me to the best result in my case. I would definitely recommend Rasha and Rob Wiley if you are in need of their type of service. I will use them again if needed! K.G.