Skilled Representation For Northern Virginia Employees Facing Employment Discrimination

Most people know when something doesn’t feel right at work, but many people do not know what legal steps they need to take to address and fix the problem. If you were the victim of discrimination, a hostile work environment or retaliation, it’s important to work with an experienced Fairfax employment discrimination lawyer who can protect your rights.

At Hogan & Pritchard, PLLC, we have 50 years of combined experience protecting the rights of our clients. Whether you have questions about how to file a claim or are wondering if you have a valid lawsuit, we can provide the counsel you need.

Facing Retaliation?

In some situations, employers retaliate against employees who expose the company for wrongdoing. However, an employee may not have enough evidence to win a discrimination claim, but that employee could still prove that the employer retaliated against him or her.

We help employees understand what the protected grounds are for discrimination – including race, sex, gender, disability, national origin and religion – and we help identify whether they have been discriminated against and what legal options they have.

Frequently Asked Questions

Workplace mistreatment can feel isolating and confusing, especially when you are trying to understand whether what happened to you is just unfair or actually illegal. Understanding your available options can help protect your rights and your mental well-being.

Even if I do not have sufficient evidence for a discrimination claim, could I still prove a retaliation claim?

Yes, you can sometimes prove a retaliation claim even if you do not have enough proof for the underlying discrimination claim. Retaliation is a separate legal claim. You must show that you engaged in a protected activity, such as:

• Reporting discrimination
• Opposing what you reasonably believed to be unlawful discrimination
• Participating in an investigation or the Equal Employment Opportunity Commission (EEOC) process

And then suffered a biased action because of that complaint. The key issue is often whether you made a good faith complaint about conduct you thought was illegal and whether your employer punished you for it.

Can I file a discrimination claim if my boss is harassing me at work?

Yes, although harassment by itself is not always illegal discrimination. For harassment to support a discrimination claim, the harassment must be tied to a protected characteristic such as race, sex, national origin, disability, pregnancy or another protected status, and it must be pervasive enough to create a hostile workplace environment.

If your boss is being rude, unfair or abusive for reasons unrelated to a protected characteristic, that may still be a serious workplace problem, but it may not qualify as unlawful discrimination under employment law. However, if the acts of harassment are linked to your complaint about discrimination, that may help support a retaliation claim.

How do I file an EEOC charge in Virginia, and what happens next?

To file an EEOC charge, you can visit the EEOC public portal online or go to the EEOC office that handles Virginia matters. Virginia is a “deferral” state, which often means you have up to 300 days from the alleged unlawful act to file a charge, but deadlines can be shorter in some situations, so it is important not to wait.

After you submit the charge, the EEOC may review it, ask for more information, notify the employer and decide whether to mediate, investigate or dismiss the charge. If the EEOC does not resolve the issue, it may issue a “notice of right to sue,” which allows you to file a lawsuit in court, usually within a limited time period.

How do northern Virginia discrimination claims differ for federal employees versus private sector employees?

Federal employees must use the federal sector Equal Employment Opportunity (EEO) process, which starts with contacting an EEO counselor within a very short deadline, often 45 days from the discriminatory event, before filing a formal complaint with the agency. Private sector employees file a charge with the EEOC and, in some cases, a state or local agency, and the timelines and procedures are different.

Federal employees also follow different rules about who the proper defendant is, what remedies are available and how the administrative process works. Private sector employees may have more direct access to a right-to-sue letter after the administrative process, while federal employees have to go through the agency’s EEO process first.

Contact Us Today

We represent employees in the private and federal sector, working to ensure that they are treated properly. Learn more about the counsel we offer by scheduling an initial consultation. Our attorneys can be reached through an online contact form or by calling 703-552-4014.

We charge a consultation fee which includes a complete case analysis and discussion of your case.