Practice Areas

Federal Employment Law Areas

Title VII

Avery Dooley Post & Avery has significant experience protecting the positions and careers of individuals that face discrimination within the workplace. The types of discrimination prohibited by Title VII of the Civil Rights Act of 1964 include race, gender, national origin, religious observances, as well as reprisal discrimination in response to an employee engaging the EEO process of other protected activity. If you have been terminated, denied a position, passed over for a promotion or subjected to disparate treatment or harassment based upon your race, gender or religious beliefs, the attorneys of ADPA can help.

Americans with Disabilities Act

Our attorneys have represented numerous clients who have been subject to their employers’ discriminatory firings, denials of promotions and lost benefits as a result of a qualified disability. These actions are prohibited by the Americans with Disabilities Act and should not be tolerated. Additionally, we routinely counsel individuals in the area of reasonable accommodations and assist the employee in requesting and obtaining the needed accommodation. This includes both mental and physical disabilities. If you have suffered discrimination or disparate treatment as a result of a disability, the attorneys of ADPA are ready to respond.

Age Discrimination in Employment Act

Our attorneys are vigilant in protecting the rights and benefits of employees at a later stage of their career. Often times an employer’s attempts to replace seasoned employees with younger, less experienced workers is contrary to the protections within the ADEA. Our combined experience includes numerous successful instances of standing up for and protecting workers whose position was taken from them because of their age. If this has been your experience, please contact us and we will be happy to meet and evaluate your situation.

Whistleblower Retaliation

Our experience has taught us that employees that report instances of illegal conduct, fraud, waste, mismanagement or other improper conduct are particularly vulnerable to retaliatory action. Employers can target employees who report misdeeds for termination, demotion, harassment and/or a hostile work environment. If you have experienced any such response to a report of wrongdoing, contact us to determine your rights and take advantage of the protection offered by our experience handling whistleblower and retaliation matters.

Adverse Actions

Federal employees who receive a proposed removal, suspension, demotion, or other adverse action face difficult challenges in defending themselves. Although many adverse actions may be appealed to the Merit Systems Protection Board or through a negotiated grievance procedure, an employee’s first and best opportunity to defend a proposed adverse action is before the agency takes final action. Our attorneys have assisted employees from virtually every agency in the federal government prepare persuasive and professional written and oral replies. We provide our clients with experienced representation in all manner of disciplinary actions, from proposed removals to reprimands, and in a wide variety of judicial forums, including federal district and appellate courts.

Administrative Investigations

Federal employees in every service sector, especially those in law enforcement, can find themselves subject to an administrative investigation conducted by the Office of Inspector General, the Office of Professional Responsibility, the Office of Special Counsel, or another investigative body. These investigations can lead to an adverse action or even criminal prosecution. Our attorneys are experienced in representing federal employees under investigation and advising them of their rights and obligations throughout the entire process. We have particular experience representing federal law enforcement officers under investigation from Internal Affairs or a similar review commission. Our attorneys have represented numerous law enforcement officers, members of the Federal Law Enforcement Officers Association, and law enforcement professional organizations. Peter Noone, who heads Avery Dooley’s administrative investigation practice group, regularly presents lectures at the Federal Law Enforcement Training Center on issues of investigatory procedure.

Merit Sytems Protection Board Appeals

The Merit Systems Protection Board is an administrative forum that hears appeals from federal employees who have been subjected to adverse action. With its unique set of rules, procedures, and precedents, the MSPB can be a difficult forum in which to litigate and it presents numerous traps for the unwary employee. We routinely practice in the MSPB and are familiar with the special challenges and opportunities that it affords. Avery Dooley’s attorneys are experienced guides who can help federal employees successfully navigate the entire appeals process from start to finish.

Grievances

Avery Dooley’s attorneys have successfully partnered with union representatives and bargaining unit members to challenge agency actions through the negotiated grievance procedure of a collective bargaining agreement. Although unions provide their members with advice and representation regarding grievable issues, our clients find that having an experienced federal employment attorney engaged in the grievance process enhances the value and efficacy of the union’s services. We provide bargaining unit members with comprehensive representation throughout each step of the grievance process.

Security Clearance

Many federal employees, especially law enforcement officers, require security clearances in order to perform the duties of their position. Under Executive Order 12968, a federal employee must receive due process rights, including notice of a proposed revocation and an opportunity to respond in writing and orally, before his or her security clearance can be revoked. Our attorneys are experienced in representing federal employees throughout the reply process and in all facets of security clearance issues.

Law Enforcement Availability Pay

Federal law enforcement officers who work as criminal investigators and are required to be available for unscheduled work may be eligible for “Law Enforcement Availability Pay.” Due to the complex rules governing this premium compensation, however, many law enforcement officers are not compensated to the full extent of their eligibility. Our attorneys have assisted numerous clients receive the additional compensation to which they are entitled.