OSC and EEOC Work Together to Enforce EEO Laws for Feds

Can’t one agency alone get the job done of enforcing laws? Apparently not, cause this is more of synergy than incompetence. In their aim to help effectively implement equal employment opportunity (EEO) laws in the federal sector, two US agencies have renewed their pact of working together to achieve a great goal.


EEOC and OSC: Together for Fed Workers


While there have been many EEO laws that have been implemented over the years, one can’t deny that there are still inequalities in the federal workplace. Some people still fall victims to harassment, and discrimination, keeping the good employees ineffective in doing their jobs, and the undeserving people getting credit for the job done.


The EEOC’s main function is to enforce the federal laws to prevent employment discrimination. On the other hand, the OSC is tasked to protect the federal employees as well as others from “prohibited personnel practices” like discrimination, coercion of the person’s political activity, deception and obstruction of an employee to compete for employment, nepotism, reprising against whistleblowing, threatening to take a personnel action as a form of retaliation, among others. There is a great similarity in the function of the two agencies; and so synergizing their efforts in properly implementing EEO laws in the federal workplace would be very ideal. This prompted the US Office of Special Counsel (OSC) and the US Equal employment Opportunity Commission (EEOC) to come up with a new Memorandum of Understanding (MOU) that commits to enhancing efficiency and the enforcement of federal sector EEO laws.


In a simple ceremony, EEOC’s chair Jacqueline Berrien and OSC’s head Carolyn Lerner signed the MOU between the two agencies. This MOU that supersedes all of the prior ones signed, includes – but is not limited to – the following points:


•    The EEOC will be referring to the OSC when it comes to potential enforcement action cases where the former finds that an agency, an officer, or its employee has made any acts of discrimination against any of the employees or applicants for employment

•    Likewise, the EEOC will refer to the OSC for potential enforcement action cases where a federal agency fails in complying with an EEOC order, as well as any other case or matter that need warrants enforcement by the OSC, as determined by the EEOC.

•    Should the EEOC determine that the employing agency failed to, or will not at all take the appropriate action, the OSC may intervene to investigate such matters up to a point needed so that it can determine the sufficiency of the basis for coming up with such disciplinary action.


While developments like these make things easier for federal employees to protect their rights and stand up against discrimination, the importance of the views of a good California employment lawyer cannot be discounted. They say two heads are better than one. Now imagine having a lawyer further boosting your chances of winning your claims? Yes, two agencies working together are indeed more effective than one. And with the little help from a competent attorney, the possibility of winning that case against abusive federal agencies is almost within reach.

Understanding How to Prove Retaliatory Termination

Retaliation simply means an action that is made out of revenge. In employment, retaliation usually happens when an employer punishes you in any way or form for doing what is right, such as reporting the employer’s unlawful conduct.

If you are an employee, you are entitled to your right to report to the appropriate employment agency your employer’s engagement in an illegal activity. However, if you do so complain and you have been subjected to an adverse employment action such as termination, then you may have a case of retaliatory termination or discharge. It is also possible that you may be subjected to discrimination or harassment before getting fired.

You can only be protected under various federal laws if you already filed your complaint of discrimination or harassment with your employer’s human resources department but wasn’t able to address it. There are a lot of federal laws that protect you from getting terminated in retaliation for doing what is right, such as the following:

•    Title VII of the Civil Rights Act of 1964;
•    Age Discrimination in Employment Act (ADEA);
•    Americans with Disabilities Act (ADA);
•    Equal Pay Act (EPA); and
•    Fair Labor Standards Act (FLSA), among others.

Under these laws, current and former employees are protected from retaliation. There is also no need to prove that you were treated differently in employment because of being a member of a protected group like your race, religion, sex, national origin, age or disability.

Moreover, under federal employment laws, your employer cannot retaliate against you if you engaged in a so-called “protected activity.” One example of a protected activity is when you refuse to obey an order you believe is illegal under the prevailing laws, or you filed a complaint citing discrimination or harassment in your workplace. You cannot also be subjected to retaliatory termination if you participated in an investigation, hearing, or lawsuit against your employer’s perceived illegal activity.

In order for you to establish a valid claim of retaliatory termination, you must not only prove that you were engaged in a “protected activity,” but you believe that your termination is connected to it. The best way to fully establish your claim against your employer is to seek the expertise of a Los Angeles employment lawyer.

Employees’ Right to Question Their Termination

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One of the most distinguished labor policies that employees are not in favor of is the “at-will” employment.

Its popular definition meant that the company owner has no liability under the law if he or she wishes to fire a worker. Actually, this is quite untrue, since at-will explicitly states that the termination should be done under valid reasons in line with the law. 

Accordingly, a worker who questions his or her dismissal and suspects that it is illegal may assert his or her rights by seeking the help of legal professionals. In this regard, he or she may consult an employment attorney.

Since most cases of wrongful termination happen in the State of California, it would suffice to get the services of a good Los Angeles employment discrimination lawyer. If the lawyer proves that the following violations were committed against the employee, the employer could face heavy penalties from the government: 

• Discrimination – Discrimination is the most prevalent reason for the illegal dismissal of workers. Accordingly, employees are given the right to decide for themselves and to be treated fairly no matter what skin color, age, religion, nationality, gender, sexual preference, and disability that they have. Employees should therefore expect that they should be categorized through their qualifications and not because of some biases. 

• Refusal to commit an illegal act – A company owner has no right of firing a worker who refuses to commit an illegal act as directed by the administration. This may happen once the employer asks the laborer to do actions that they know are against those prescribed under the Constitution. If this happens, the employer has clearly violated certain employment rights. 

• Retaliation – This is described as the cruel and inhumane treatment of an employee who has participated in an investigation against the company or has expressed discontent towards the administration. Most cases of retaliation ends in wrongful termination since workers are forced to quit their jobs due to the treatment that they are receiving. 

One agency where a worker may ask for assistance in this kind of predicament would be that of the Equal Employment Opportunity Commission (EEOC). This government arm is tasked to handle labor concerns and it can work hand in hand with employment lawyers.