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Baby Boomers & Your Rights as Federal Employees

So let's say you were born between 1946 and 1964 and came charging on a white horse into Federal service. Perhaps Carter was President; the economy was red hot; the memories of the civil rights movement and the women's movement were fresh; and you were determined to serve the public good. The Federal agencies were all beckoning, and what they could not promise you in terms of financial riches, they gave you- for many years- stability and security and health benefits for life. You disco-danced through the '70's; had your children in the 80's; and watched them grow up and tolerate your insecurity with new technology, twittering, tweeting, and skyping by 2010.

In short, you have started to feel irrelevant. You are getting older, and all the young people in your office start to look at you as a curio. Worse than feeling irrelevant, you suddenly have the uneasy notion that you are a victim of age discrimination.

Little things. Like colleagues asking you when you intend to retire. Or management criticizing your computer skills. Or co-workers twenty years younger than you becoming GS 14's while you stay a GS 12 or 13-- seemingly forever. And now management asking you sweetly, then with exasperation, when you intend to retire. You look in the mirror and you still feel as fresh as the Grateful Dead groupie you once were. You have no intention to retire. You still have a lot to contribute, and you do not want to feel like you are being eased out.

What Do You Do To Protect Yourself?

Age discrimination is illegal under Federal employment law. If you think you are being victimized and you have some evidence to back you up, you should file an informal complaint with your EEO office and then seek alternative dispute resolution: mediation. You just have to check off the right box. Mediation consists of someone who knows your work, you, a labor-relations representative, and your lawyer (you should always have an attorney at mediation, in my 38 years' experience) discuss what brings you there, while a neutral mediator tries to referee and, hopefully, help you settle your matter. Many cases settle at mediation. An agreement is then written up, which you and the agency sign, outlining what you have agreed to. If the agency recants, you have options for filing for breach by the agency.

But what if your case does not settle? The agency will send you by certified mail a request that you file a FORMAL complaint within 15 days after you receive the certified letter. Once you file, and assuming the agency accepts your complaint, the agency will assign an outside investigator to interview you, your witnesses, the agency's witnesses, and compile relevant documents. This compilation of documents and affidavits is called a Report of Investigation. Once you receive it, you have 30 days to seek a judge from the EEOC. If the agency does not produce a Report of Investigation and six months have passed since you filed your formal complaint, you can also seek an EEOC judge.

You cannot win an age discrimination case unless you were MORE qualified than someone else who received preferential treatment. If your qualifications are the same, there is no discrimination. Make sure you know what you seek as remedies.

The good news is that many cases settle. Age discrimination is a troublesome issue as a vast part of the population becomes the AARP generation.

Mindy, thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!
 
Best,
Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

MINDY G. FARBER RATED AS AV WITH MARTINDALE HUBBELL

Occasionally Martindale-Hubbell, the premier rater of attorneys in the United States, reevaluates attorneys who have been in practice for a number of years. Ms. Farber is proud to announce that on the basis of Martindale Hubbell’s confidential surveying of attorneys in her field as well as other practicing attorneys, Ms. Farber has received the very highest positive rating.

AV rated
Preeminent TM
Meets Very High Criteria of General Ethical Standards? Yes
AV
Overall Peer Rating
in Labor and Employment, Consumer Law and Litigation

Posted by a Private Practice Lawyer on 07/13/15 5.0 out of 5.0

Ms. Farber is an excellent attorney and a very compassionate human being. That is why for quite a number of years, I have referred my client's employee claim matters to her and no one else. She has always represented them in a first class fashion and I have never heard one complaint. I highly recommend her for the highest rating possible.

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

Mindy,

Thank you for taking a risk on this issue and standing so tall for the animals who need us. You stand so tall and courageous and compassionate!

Wayne Pacelle
Executive Director and President, The Humane Society of the United States
September 20, 2017

 

Hello Mindy

Thank you very much for your guidance. The letter with our changes was approved and signed
Thank you VERY much for your straightforward, professional guidance and kindness and understanding in what was
a pretty surprising situation. With this behind me, however, I am moving forward, . Best of luck and thank you again for your expertise!

Lu Steele Bethesda, MD

 

Hi, Mindy,

I just wanted to reach out and thank you again for all of your help with my severance. I was able to negotiate language that was very much satisfactory to me, thanks to your guidance. I am happy to say that all is set and done!

My best!!

L.R
Silver Spring, MD

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

 

Hi Mindy,
I am retiring on April 3rd, so I don't have too many days left! I will miss working with you as you are one of the finest attorneys I have ever dealt with during my 40 year (Federal) career.

- Lori Suto Goldsby, Head of Mediation Services, U.S. Nuclear Regulatory Commission

 

“First and foremost, I want to thank you very much for all of your help with my case. As you know, you came recommended through a friend whose cousin works at the Montgomery County Police Department. I was aware of your reputation, but having experienced it personally, I can say I am extremely impressed.”

- M. Brown Washington, DC

 

Dear Ms. Farber,
It was a pleasure speaking with you on Wednesday, July 2, 2014. I have had a career in law enforcement, over 38 years' experience as a private investigator, and I am currently employed as a Federal EEO Investigator. Never before have I had the pleasure of an attorney putting forth the effort that you have displayed in returning my phone call, and establishing a relationship that causes me to look forward to our continued professional communications. Your extensive 38 years' experience and accomplishments certainly have not dimmed your enthusiasm, and I appreciate it.

- Sincerely,
Robert A. Bolton, EEO Investigator, Office of Resolution Management, La Plata, MD 20646

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Unit 114-159
Potomac, MD 20854



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