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If you work as a civilian for the army, can you sue them for…

Customer Question
If you work as...

If you work as a civilian for the army, can you sue them for discrimination? Harassment? etc

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I did within my directorate but have not yet took it any further to go outside the IT dept to IG or EEO looking into that now. Trying to do something internally just made me a target.

Submitted: 1 month ago.Category: Military Law
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Answered in 5 minutes by:
3/6/2018
Military Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Military Law
Satisfied Customers: 10,347
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Military Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. The answer to your question is yes. I had a client who was a civilian with the US Navy and I have seen first-hand that this is possible.

The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within usually 180 days for federal employees. The Counselors must advise individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

How else can I help you today?

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Customer reply replied 1 month ago
Thank you for your response. I am already pursuing the EEO route just don't have faith in the system. Just looking into all options. I had a daughter age 16 that was killed in a car accident which in looking for her when she did not make it which I saw after it happened, so I am going to grief counselling. I provided them with a note from the counselor and he called them trying to get detailed information on my progress stating that they were trying to medically retire me. I did not give them consent to do anything. I even asked them not to share the information.
Military Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm so sorry to hear about that. I'm glad you're pursuing the process already. My heart goes out to you in this situation. Did you have other questions for me regarding this?

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Customer reply replied 1 month ago
I cant at this time, I was on my break and was looking into this.
Military Lawyer: Legal Eagle, Lawyer replied 1 month ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request.

Did you have any other questions for me today that I could help you with?

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