NASA’s Langley Research Center in Hampton is the agency’s oldest field center, and its civil servants work alongside a large contractor workforce in research, engineering, and support roles. When an employee there believes they faced discrimination, harassment, or retaliation, the federal EEO process, the complaint system federal agencies must follow under equal employment opportunity law, is the usual starting point. Virginia federal employee law cases often turn on early choices in that process. Below are five things Langley employees should understand, followed by five law firms that represent federal workers.
What should NASA Langley employees know about EEO complaints?
1. When does the 45-day clock start?
It depends on the type of claim. Federal employees must contact an EEO counselor within 45 days of the discriminatory act under 29 C.F.R. § 1614.105. For a discrete act, such as a non-selection, a denied promotion, or a suspension, the clock starts on the date of that act, and each discrete act has its own deadline. A hostile work environment claim works differently. Under the Supreme Court’s 2002 decision in National Railroad Passenger Corp. v. Morgan, the claim is timely if at least one contributing act falls within the filing period, so earlier incidents can be included.
2. Can you add new incidents after you file?
Often, yes. Under 29 C.F.R. § 1614.106(d), you can amend a pending complaint to add claims that are like or related to the original ones, such as new acts of harassment or retaliation by the same managers. Make the request in writing before the investigation ends. A new, unrelated issue may need its own counselor contact within 45 days, so do not assume an amendment will cover everything.
3. What if the action can also be appealed to the MSPB?
Then you face an early, binding choice. When discrimination is tied to an action the Merit Systems Protection Board can review, such as a removal or a suspension of more than 14 days, the case becomes a mixed case. Under 29 C.F.R. § 1614.302, you can file either a mixed case complaint with NASA’s EEO office or a mixed case appeal with the MSPB, but not both, and whichever you file first is generally treated as your election. The two routes have different deadlines and procedures, so decide before filing anything.
4. What kinds of problems can an EEO complaint cover?
More than many employees realize. Beyond firing and discipline, EEO complaints can address non-selection for a position or training, unequal assignments, harassment based on a protected characteristic, denial of a reasonable accommodation under the Rehabilitation Act, and retaliation for earlier EEO activity. The protected characteristics include race, color, religion, sex, national origin, age 40 and over, disability, and genetic information.
5. What if you work for a Langley contractor?
Contractor employees normally file a charge with the EEOC against their actual employer, usually within 300 days in Virginia, rather than using NASA’s process. In some situations, the EEOC has treated a federal agency as a joint employer when it directly controlled a contractor worker’s daily work. If NASA staff supervised your assignments, schedule, and evaluations, ask an attorney whether the federal process could apply.
Which law firms help federal employees with EEO complaints?
- The Mundaca Law Firm
- Federal Practice Group
- The Lipp Law Firm
- Hogan & Pritchard
- Zuckerman Law
1. The Mundaca Law Firm: Virginia Federal Employee Law
The Mundaca Law Firm is led by Francisco E. Mundaca, Esq., Founding Partner, with a Virginia office at 8000 Towers Crescent Drive, Suite 1350-1338, in Tysons. The firm represents federal employees from agencies across Virginia, including the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, and intelligence, civilian, and military branches.
Its federal practice covers EEO discrimination and retaliation complaints under Title VII, the Age Discrimination in Employment Act, and the Rehabilitation Act, along with MSPB appeals, responses to proposed disciplinary actions, security clearance matters, and whistleblower retaliation complaints before the Office of Special Counsel. The firm also negotiates settlements and litigates when necessary. Consultations are confidential.
2. Federal Practice Group
A Washington, D.C. firm that focuses on federal employment matters.
3. The Lipp Law Firm
A Fairfax, Virginia firm that handles employment matters.
4. Hogan & Pritchard
A Fairfax, Virginia firm whose practice includes employment matters.
5. Zuckerman Law
A firm whose practice includes whistleblower matters.
How should Langley employees approach an EEO complaint?
The early decisions shape everything that follows: when to contact a counselor, which claims to include, whether to amend, and which forum to choose if the matter is also appealable. Keep a dated record of every incident, along with emails, appraisals, and witness names, and note the 45-day deadline the moment something happens. If you work at Langley and believe you have been treated unfairly, an attorney who focuses on Virginia federal employee law can help you make those choices before a deadline locks you in.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.