Ask The Lawyer

By Debra Roth

Q & A Session: Suspected Retaliation for EEO Complaint

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Q:

I feel like I’m being retaliated against for my EEO complaint. What are my rights?

A:

When a federal employee is retaliated against by his or her supervisor for filing an EEO claim, for otherwise participating in the EEO process, or for opposing discrimination, they may have a right to file a complaint and utilize the EEO process in order to investigate, and possibly remedy, the harms suffered via a supervisor’s retaliatory acts. Although trivial annoyances are not actionable, retaliatory treatment that is reasonably likely to deter protected activity is unlawful. A federal employee has 45 days from the date of the retaliatory action to contact an EEO counselor.

This response is written by Conor D. Dirks, associate attorney of Shaw Bransford & Roth P.C., a federal employment law firm.

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