However, government employees sometimes have additional rights and claims based upon government regulations and the procedures for addressing claims of unlawful employer conduct and acts in the workplace are quite different.  Government employees also often have additional rights with respect to being afforded formal review prior to having discipline and removal imposed.

Federal employees asserting claims of unlawful discrimination must file a charge with an EEO compliance officer within 45 days of the unlawful conduct.  Subsequent EEOC investigation and dispute resolution then proceeds along an administrative agency track that is different from that of private sector employees filing charges with the EEOC.  Federal employees are entitled to an actual hearing before an administrative law judge to assert charges of unlawful discrimination under federal law.

Federal employees also may have appeal rights for violations of government regulations in discipline and adverse actions taken by federal agencies.  These appeals can be made to the Merit Systems Protection Board (“MSPB”) which independently reviews agency actions.

State and local government employees also often have similar rights to formal review or grievance of discipline or adverse actions.  However, strict time limitations may apply requiring immediate action to preserve certain rights and claims before these administrative agencies.

If you are a government employee and you believe you are being, or have been subjected to unlawful conduct by your agency employer, please contact the law firm of Henrichsen Siegel, P.L.L.C. immediately for a confidential review and consultation of your case.