This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
There are several important issues federal employees should consider when deciding whether to pursue an Equal Employment Opportunity (EEO) complaint against a federal agency or supervisor.
Potential EEO Claims
Federal employee EEO complaints can involve a range of discriminatory conduct by federal agencies, including discrimination on the basis of age, disability, race, religion, sex, pregnancy, genetic information and national origin. In addition, EEO complaints can also involve hostile work environment, sexual harassment and retaliation.
Example EEO Complaints
Some typical EEO claims brought by federal employees are demonstrated in the following five hypothetical scenarios:
- Example A: Federal employee is sexually harassed at work by her supervisor. When the federal employee refuses her supervisor’s overtures, she then receives a suspension from the same supervisor. The federal employee brings a claim for sexual harassment.
- Example B: Federal employee has previously filed an EEO complaint against his supervisor. A year later, the federal employee discovers that his promotion was denied by the supervisor because the supervisor was upset that the federal employee had filed an EEO complaint. The federal employee brings a claim for retaliation.
- Example C: Federal employee takes sick leave related to treatment for cancer. Upon the employee’s return, his supervisor gives the employee a bad performance evaluation for taking too much time off. The federal employee claims disability discrimination.
- Example D: Federal employee takes sick leave related to a recent car accident and requires a lot of time out of the office for physical therapy. The federal employee is also unable to perform some of her duties as she recovers, including the lifting of boxes for a limited period of time. The federal employee asks her supervisor for modifications to her duties (a reasonable accommodation), but the supervisor refuses to modify the employee’s schedule. The federal employee claims disability discrimination for her agency’s failure to accommodate her serious medical condition.
- Example E: 65-year-old federal employee is competing for a promotion to a GS-15 position. Federal employee competes against two other employees, under the age of 40, for the same position. The 65-year-old federal employee is not selected for the position. He later discovers that the selecting official expressed concerns that may have impacted his decision, namely that the 65-year-old applicant might retire sooner than the other two younger applicants. The 65-year-old federal employee claims age discrimination.
EEO Complaint Deadline
Typically, a federal employee only has 45 days from the date of discrimination in which to contact an EEO counselor at the federal agency to initiate the EEO complaint process. If a complaint is not timely initiated, the federal employee may be time-barred from filing the EEO complaint.
EEO Remedies
Remedies for illegal discrimination and retaliation caused by federal agencies and managers involve several types of potential monetary relief, including lost back pay, compensatory and punitive damages, and attorneys’ fees. Non-monetary remedies can include the clearing of negative performance records and disciplinary actions, transfers and promotions.
The EEO Process
Typically, once a federal employee initiates contact with an EEO counselor regarding an informal complaint, assuming there is no earlier resolution or settlement, the next steps include: (1) the filing of a formal EEO complaint, (2) the investigation of the EEO complaint, (3) either a request for a decision on the EEO complaint from the federal agency or a request for a full hearing before a federal administrative judge and (4) proceeding to a hearing on the merits. Most discrimination cases are settled with federal agencies before the EEOC hearing stage. In fact, most cases settle at mediation with the federal agency early in the EEO process.
The EEO and MSPB processes can be intertwined, especially in removal cases. In some cases, federal employees may have what is known as a “mixed” case appeal that would also be appealable to the Merit Systems Protection Board (MSPB), so it is important to obtain advice from counsel.
Additional EEO Information
Federal employees can find more detailed information about filing EEO complaints at the Equal Employment Opportunity Commission’s (EEOC) website.
Contact Us
Our law firm represents and advises federal employees in EEO and other employment matters. If you need legal assistance regarding an EEO complaint or other employment matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation. Please also visit and like us on Facebook.
The preceding sponsored post was also published on FFXnow.com
A woman reported being sexually assaulted at knifepoint while in her apartment in the Shadowood area of Reston, the Fairfax County Police Department said today (Monday).
Officers were called to the 2200 block of Lovedale Lane around 11:50 p.m. yesterday (Sunday) after the unidentified victim said she “awoke to a man standing inside her apartment.”
A new dancing studio is waltzing its way to the Town of Herndon.
Owner Severyn Szapiaczan, a competitive dancer who is originally from Poland, plans to open Ballroom Boutique Dance Studio at 585 Grove Street on Sept. 2.
Szapiaczan says the business will offer instruction for beginners and experts.
“All of our dance instructors are highly skilled and trained to help you learn in our invigorating dance studio. Hailing from around the world, our teachers are award-wining professionals and gifted educators, many of whom are still active in competitive dance themselves,” Szapiaczan wrote in a statement.
More monkeypox cases have been reported in the Fairfax Health District than anywhere else in Virginia, as officials grapple with a national outbreak of the disease.
The district, which includes Fairfax County and the cities of Fairfax and Falls Church, has now seen 58 cases, as of Friday (Aug. 19), according to Virginia Department of Health data. That’s more than any region in the state other than Northern Virginia, which has 163 confirmed or probable cases overall.
Fairfax County police are still on the lookout for a suspect after a woman reported being sexually assaulted at gunpoint last week near the Sacramento Center in Mount Vernon. The…
Fairfax County Public Schools Kick Off New Year — Led by new Superintendent Michelle Reid, FCPS administrators and staff welcomed students back in a video message. “I can’t wait to…
Fairfax County Public Schools Kick Off New Year — Led by new Superintendent Michelle Reid, FCPS administrators and staff welcomed students back in a video message. “I can’t wait to see our bright future taking shape in our Fairfax County Public School classrooms as we all come together to learn and innovate this year. Our staff and leadership has been working hard all summer, and believe me, we are ready,” Reid said. [FCPS/YouTube]
Fire Department Investigates Fairfax Area Arson — “Fire Investigators are seeking the public’s help in obtaining information regarding an arson that occurred in the basement of a home under construction sometime between the evening on Monday, August 15, and the early morning on Tuesday, August 16, in the 11500 block of Leehigh Drive in the Fairfax area.” [FCFRD]
FCPS Sees Improvement in SOL Scores — “FCPS annual pass rates for 2022 indicate that, while the road to recovery continues, FCPS students made promising gains in reading, mathematics, and science over the course of the 2022 school year. The data show that FCPS reading rates this year are nearly commensurate with pre-pandemic levels at 79%, while math rates are up by 13 percentage points to 74%. Science pass rates have improved by a third this school year.” [FCPS]
D.C. Area Sees Increase in Heavy Rain — “The Washington area saw an increase in thunderstorms this summer, leaving tens of thousands without power, severe damage, and, recently, killing three in a lightning strike near the White House. August alone has seen eight hours of recorded thunderstorms in Washington, according to Iowa State University’s Iowa Environmental Mesonet — or about two hours more than the 49-year average of 5.9 hours.” [Inside NoVA]
New Fair Lakes Townhomes Now Open — “Great day for the ribbon-cutting at the Enclave at Fair Lakes yesterday. Integrity Homes did an outstanding job in their design of the project – from the rooftop decks, to the partial brick interiors, to the dog park and community gathering spots and much more.” [Supervisor Pat Herrity/Twitter]
Hundreds of Speeding Tickets Issued in One Day — “Officers from our Motor Squad wrote over 400 tickets along the Fairfax County Parkway in ONE day! Officers issued tickets for speeds up to 106 MPH. Please slow down, obey traffic signals & be a courteous driver. Everyone wants to get to their destination safely!” [FCPD/Twitter]
Herndon Hires New Town Clerk — “The Town of Herndon has named Kirstyn Barr Jovanovich as Town Clerk. Jovanovich replaces Viki Wellershaus, who is retiring from the town after 29 years of service…Jovanovich comes to the town following two tours of duty as town manager of the Town of Occoquan” [Town of Herndon]
Former County Executive Gets New Biography — “It’s been 32 years since J Hamilton Lambert finished his decade of service as Fairfax County executive, but his impact on the history of the county and Washington region is evident…Gerald Gordon, former president and CEO of the Fairfax County Economic Development Authority, fleshed out Lambert’s life story in his latest book” [Sun Gazette]
Local Police Officer Wins Medal in Darts — “Lt. Michael Tucker of the Fairfax County Police Department who’s a tournament regular just won a silver medal at the World Police & Fire Games at Rotterdam, The Netherlands. As a New York native who relocated to Fairfax, Tucker is no stranger to the game of darts.” [Fairfax County Times]
It’s Monday — Rain until evening. High of 82 and low of 71. Sunrise at 6:30 am and sunset at 7:55 pm. [Weather.gov]
Fairfax County Public Schools has made several bus stop changes in the Oakton area after conducting a safety review of the Blake Lane corridor. Announced today (Friday), the school system…
A D.C.-based flamenco dance company will entertain McLean audiences for a full year as The Alden’s new artist-in-residence. The McLean Community Center announced last week that its in-house theater will…
Live Fairfax is a bi-weekly column exploring Fairfax County. This recurring column is sponsored and written by Sharmane Medaris of McEnearney Associates. Questions? Reach Sharmane at 813-504-4479.
As summer vacation is coming to an end, there are still a few weeks left before school starts to make memories with your family.
As a mom of three and a Realtor, I really try to be intentional about spending quality time with my kids. I challenged myself to have “dates” with each child to create special memories. Here are a few experiences that made a lasting impact on us!
A trip to the City of Fairfax Regional Library to see a puppet show or just grab a few books to engage with together later. Followed by a quick walk across the street to cool down at the Splash Pad and then to grab a treat at the legendary Woody’s Ice Cream. A perfect combination for all ages.
Point 50 StoryWalk is an opportunity to read “Nugget and Fang Go to School” and engage with businesses in Fairfax’s Point 50 Shopping Center. There are 15 stops with pages from the book featured in storefront windows plus additional fun activities along the way.
We had such an adventure at Roer’s Zoofari in Vienna. The new ownership did make changes to the overall experience which was great for those of us who love to feed the animals! Roer’s Zoo guarantees laughs and memories for the entire family. After a few hours at the zoo, we headed to Playa Bowl at Reston Town Center for the best acai bowls in the area. Our favorite is the Electric Mermaid!
When the heat’s too intense or the rain showers the day away, leave it to Chuck E. Cheese for a power hour of old school fun. $17.99 for ALL you can play for an hour. Also, who doesn’t love a quick Trader Joe’s stop to grab a few of those yummy staples to bring home?
Scramble has saved us this summer several times. Both the Falls Church and Alexandria locations are fun for all ages. They have thought of everything from quiet space to take a call or food options you will not regret. Great place for a PlayDate or just to get the wiggles out.
After hours of play at Scramble Falls Church we always head over to one of our favorite spots for a bite. Fava Pot offers authentic Egyptian food that everyone in our family loves from the hummus with pita bread to the grilled chicken seasoned to perfection — and don’t forget the famous fava beans!
When in Tysons we like to visit Bowlero, the newest bowling alley in the area. And they are still offering 50% summer game passes. This bowling alley is amazing! Of course, you will have to stop by Jeni’s at The Boro for your sampling of the most gourmet flavors in the area.
Pro Tip: 2 half scoops is the way to go so you can taste two flavors!
Explore Fairfax with Sharmane Medaris of McEnearney.
Sharmane Medaris | Live Fairfax | www.soldbysharmane.com | [email protected] | @soldbysharmane | 813-504-4479 | 374 Maple Avenue Suite 202, Vienna, VA 22180
The preceding sponsored post was also published on FFXnow.com
Reston Community Center has hired a new director of offsite and collaborative programming in an effort to expand beyond the walls of its two facilities.
Maggie Parker, who most recently served as executive director of Partnership Reston, will take on the role, which includes directing offsite programming like the summer concert series and family-friendly events in area neighborhoods.
While free school lunches ended nationally earlier this summer, Fairfax County Public Schools (FCPS) will still offer free meals to students at a select number of schools.
Earlier this month, FCPS announced that it will participate in the Community Eligibility Provision (CEP), which distributes breakfast and lunch to students attending schools in low-income areas at no cost.
I-66 Lane Closure in Vienna Area Starts Tonight — “The left travel lane on I-66 East between Cedar Lane and I-495 will be closed beginning around 9 p.m. Friday, August 19, through 5 a.m. Thursday, August 25, to allow for continued construction of the future I-66 Express Lanes…Drivers should plan for traffic delays and consider alternative routes during this period.” [VDOT]
Superintendent Says FCPS Prepared for New School Year, Despite Gaps in Staff — “Out of the 15,000 teachers employed by FCPS, about 150 of them are part of the residency program. But a look at Fairfax County openings still shows a lot. By our count, more than 350. The county says that where they still have vacancies, central office staff with teacher licenses will be asked to cover until a permanent teacher has been hired.” [WUSA9]
Korean Bakery Opens in Annandale — “The Tous les Jours bakery and café opened Aug. 15 in the East Gate Shopping Center in Annandale. The shop, at 4243 John Marr Drive, offers pastries, bread, fancy cakes, muffins, donuts, croissants, scones, buns, macarons, and other baked goods.” [Annandale Today]
Kingstowne Developer Plans Land Sale — “The Halle Cos. looks poised to sell off a Kingstowne parcel approved for multifamily development, its last piece of a sprawling retail-dominated site…Halle now has the final piece of the puzzle — a 4.7-acre parking lot sandwiched between Kingstowne Village Parkway and Kingstowne Towne Center — under contract with The NRP Group, a Cleveland-based real estate developer and manager.” [Washington Business Journal]
Firefighters Deliver Backpacks for Students — “On Tuesday, August 16, members of the Fairfax County Fire and Rescue Department, our retiree group, public safety partners Fairfax County Police Department, along with various community groups, came together at Station 11, Penn Daw, to provide 1500 backpacks and school supplies for deserving kids.” [FCFRD]
Fairfax Connector Changes Coming This Fall — “Later this fall, the Fairfax Connector bus service is set to make several service and fare changes, including changes to routes in the Springfield and Tysons areas. The changes are set to go into effect Oct. 1.” [WTOP]
Reston Hospital Patient Walks After Tractor Accident — “Yussif Alhassan did something last week that some might’ve thought impossible five months ago. He stood up and walked. On March 13, Alhassan arrived in the emergency room at Reston Hospital Center after his entire lower body had been crushed by a tractor.” [Patch]
County Well-Represented Among Fastest-Growing Companies — “This year, 113 Fairfax County-based companies, along with 72 companies located in additional Northern Virginia Economic Development Alliance jurisdictions, made the Inc. 5000 list of the nation’s 5,000 fastest-growing privately held companies.” [Fairfax County EDA]
GMU Reaches 50-Year Mark — “George Mason University in Fairfax is celebrating its 50th anniversary this year…Northern Virginians and outsiders alike have seen Mason transform into a hub for technology, politics, and more — and they’ve seen Mason transform the region along with it.” [Northern Virginia Magazine]
It’s Friday — Partly cloudy throughout the day. High of 86 and low of 68. Sunrise at 6:27 am and sunset at 8:00 pm. [Weather.gov]
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Step back in time!
Join a Reston Museum docent for the last walking tours of the summer! A free guided walking tour exploring Reston’s founding occurs Saturdays at 10:30 a.m.
Tour starts at the Reston Museum and lasts approximately 30 minutes. The tour explores how Reston revolutionized America’s suburban neighborhoods. Advanced registration is encouraged to secure attendance, as tour size will be limited.
Those who wish to sign up for a tour can register here.
Marketing for this program is supported by the Virginia Tourism Corporation Grant in partnership with George Mason University and Reston Association.
Employee bonuses, facility improvements, and a study of middle school start times are among the priorities that Fairfax County Public Schools can now fund, thanks to some financial leeway from…
Five regional contemporary artists will highlight Tephra Institute of Contemporary Art‘s bi-annual Mary B. Howard Invitational. The group exhibition — slated to take place at the institute’s Reston Town Center…
Celebrate Fairfax Inc. will close out the summer tomorrow (Friday) with an outdoor bash and some tunes. The nonprofit organization best known for staging the annual Celebrate Fairfax! Festival will…
(Updated at 3:25 p.m.) Another Amazon Fresh is coming soon to Fairfax County, according to a report. The Washington Business Journal reports that Amazon.com Inc. is seeking subcontractors to renovate…
Registration is open now for the 15-week fall season of the Encore Chorale of Fairfax, a local group that sings an eclectic mix of music from many eras, and Fairfax ROCKS, a rock & roll chorus that sings favorite hits from the 50s through the 80s. No auditions needed!The Chorale meets Tuesdays, 11 a.m. to 12:30 p.m. beginning September 6th at St George’s United Methodist Church. Fairfax ROCKS meets Fridays, beginning September 9th, 10:30 a.m. to noon at Church of the Good Shepherd in Vienna. Leading both groups is David Lang, prominent choral conductor, vocal coach, professional accompanist and concert organist throughout the greater Washington area.
The season will culminate in a concert that is free and open to the public. Come join a fun community of older adult singers, meet new friends and experience joy. Tuition: $190 per person per program.
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The preceding sponsored post was also published on FFXnow.com
Employee bonuses, facility improvements, and a study of middle school start times are among the priorities that Fairfax County Public Schools can now fund, thanks to some financial leeway from staff vacancies and state revenue.
The school system has about $90.9 million left over from fiscal year 2022, which ran from July 1, 2021 to June 30 of this year, FCPS leaders reported to the school board during its last regular meeting on July 14.
Five regional contemporary artists will highlight Tephra Institute of Contemporary Art‘s bi-annual Mary B. Howard Invitational.
The group exhibition — slated to take place at the institute’s Reston Town Center gallery from Dec. 10 through Feb. 26 — features the work of regional artists selected through a months-long application process.
“In acknowledge of the many traumas that have been endured individually and collectively over the past two years, this exhibition will explore the concepts of rest and reprise as a starting point for the artistic process,” event organizers said.
