When an employee or job applicant believes he has been discriminated against by a private employer he can file a charge with the federal Equal Employment Opportunity Commission (or a state or municipal agency like the Illinois Human Rights Commission, the Cook County Commission on Human Rights or the Chicago Commission on Human Rights). But if the employer is an agency of the federal government (for example a post office carrier) he must first file his complaint with the agency itself (typically within a very very short time period).
However, in a recent study the EEOC found that those federal agencies are dismissing a tremendous number of cases on strictly procedural grounds without a proper investigation. When that happens the employee or prospective employee can appeal to the EEOC itself where an astounding percentage of the agencies dismissals are being reversed as improper.
The EEOC study covered five fiscal years from 2008 through 2012. It found that the 30.3% of the cases in 2008 were wrongful, 35.5% in 2009, 37% in 2010, 34.9% in 2011 and an astounding 44.9% in 2012.
The EEOC report went on to analyze the reasons for improper dismissals and concluded by saying that the EEOC plans “to develop training and other outreach efforts aimed at EEO Directors and staff in federal agencies to reduce ongoing procedural dismissal errors.”
One way to protect your rights is to have an experienced lawyer guide you through the EEO process to ensure your complaint gets investigated appropriately. You can read the EEOC report here.
Maduff & Maduff has litigated numerous successful cases on behalf of federal employees. If you believe you may have been discriminated contact the employment attorneys at Maduff & Maduff today.