Wisconsin Federal Employee Rights

Federal employees have many of the same rights as employees in the private sector. In fact, sometimes more. For example, federal employees (and applicants) are protected from discrimination based on race, color, sex, religion, national origin, age, disability, pregnancy, and genetic information. Federal employees are also protected from retaliation in the workplace.

Walcheske & Luzi, LLC represents federal employees in the following areas:

• Discrimination
• Harassment
• Wrongful termination
• Retaliation
• Contract review and/or negotiation

Federal Process:

1. Contact the Equal Employment Opportunity (EEO) at the agency where the employee works or where the applicant applied for the job within 45 days from the date the discrimination occurred
2. The EEO Counselor will usually give the employee the choice to participate in EEO counseling or alternative dispute resolution
3. If the complaint is not settled, the employee must file a formal complaint with the agency’s EEO Office within 15 days from the day the employee received notice from the EEO Counselor about how to file
4. The agency will review the complaint and conduct an investigation
5. The agency will finish the investigation within 180 days from the day the employee filed the complaint
6. The agency will issue a decision and the employee can either request a hearing before an EEOC Administrative Law Judge (ALJ) or asking the agency to issue a decision as to whether discrimination occurred.
7. If the agency issues a decision and no discrimination is found, the employee can appeal/challenge the decision in federal court
8. If the employee requests a hearing, he or she must do so within 30 days.
9. The hearing will be scheduled and conducted
10. The ALJ will make a decision and order relief if discrimination is found
11. The agency will issue a final order telling the employee whether it agrees with the ALJ
12. If the agency does not, the employee may appeal to the EEOC within 30 days after receiving the final order
13. If the employee does not agree with the EEOC’s decision on your appeal, the employee may ask for a reconsideration
14. The decision on reconsideration is final

An employee may file his or her claim in federal court after initiating the administrative process (and thus terminating the administrative process) if:

• 180 days have passed from the day the employee filed your complaint, if the agency has not issued a decision and no appeal has been filed;
• 90 days have passed from the day the employee received the agency’s decision on his or her complaint, so long as no appeal has been filed;
• 180 days have passed from the day the employee filed his or her appeal if the EEOC has not issued a decision; or
• Within 90 days from the day the employee received the EEOC’s decision on your appeal.