Saturday, February 10, 2018

Former Employee Can Still Bring EEO Claim Against Former Agency

By John V. Berry,

In an interesting case, the Equal Employment Opportunity Commission (EEOC) has held that a former employee can state a valid retaliation claim for Equal Employment Opportunity (EEO) protected activity which arose from earlier employment. What makes this case interesting is the fact that the claim took place after the end of the federal employee's relationship with the federal agency.

Monday, February 5, 2018

Telework as a Reasonable Accommodation.

By John V. Berry,

Federal and private sector employees come to us to discuss the issue of reasonable accommodations in many types of cases. This article discusses the concept of seeking a reasonable accommodation in the form of a telework assignment.

Saturday, February 3, 2018

Cat's Paw Discrimination Tips

By John V. Berry,
We often hear the phrase “Cat’s Paw” discrimination, but it is little understood by most individuals and even some lawyers. This article hopes to clarify what this type of discrimination is for employees. Cat’s Paw discrimination cases come up often in private sector and federal employee cases. In short, a “Cat’s Paw,” is used to describe an individual motivated by discrimination who influences innocent decision makers into making a illegal decision. This is referred to as Cat’s Paw discrimination. This can apply to both federal and private sector employment cases before the Equal Employment Opportunity Commission (EEOC) or in courts.

Proving Pregnancy Discrimination

By John V. Berry, Esq.,

Unfortunately, many women are still affected today by pregnancy discrimination in the workplace. This article discusses the laws that protect women from pregnancy discrimination and the elements needed to establish a claim. Pregnancy discrimination claims, depending on the location (and type of employment) of the employee or applicant, can be taken administratively to the Equal Employment Opportunity Commission (EEOC), state or local agencies tasked with investigating pregnancy discrimination claims, in addition to court. This article focuses on the elements of establishing a pregnancy discrimination case.

Friday, January 12, 2018

The Federal Employee EEO Process Explained

By John V. Berry, Esq.,

Federal employees have a right to protections from Equal Employment Opportunity (EEO) Discrimination by the Civil Rights Act of 1964 as applied to federal employees. Each federal agency is barred from discrimination based on race, gender, religion, national origin, sex, sexual harassment, age, disability, genetics, retaliation and other claims. Even though the Civil Rights Act has been in effect for almost 65 years, instances of discrimination continue to happen today. The federal workplace is no different. If you feel like you have been discriminated against as a federal employee, there is a process in place to protect federal employees and an EEO complaint can be initiated.  

Monday, January 1, 2018

Mediation at the EEOC

By John V. Berry,

We represent employees in cases at the Equal Employment Opportunity Commission (EEOC). Many private and public sector discrimination or sexual harassment cases that are filed at the EEOC go to mediation, under slightly different processes. This article discusses the mediation process at the EEOC and the benefits and issues associated with that process.  

Saturday, December 23, 2017

Proving Sexual Harassment Discrimination

By John V. Berry,

We represent employees in sexual harassment claims. Employees regularly ask us how to prove sexual harassment in the workplace. The basis for a sexual harassment claim can be confusing to many individuals. It is often the case that many employees don't know when inappropriate conduct crosses the line and can be deemed sexual harassment for purposes of filing an Equal Employment Opportunity (EEO) complaint or lawsuit.  In short, many employees do not know when sexual misconduct at work cross the line. This article discusses this.