Attorney Spotlight – Christopher D. Vaughn
Did you always know that you were interested in law? What inspired you to choose law as a profession, and employment law in particular?
I became interested in law during college when I started taking some business law classes as part of my Management degree at Georgia Tech. After graduation I entered law school, and the idea of having a chance to help the individual against the government or a large corporation really appealed to me. It seemed more challenging and appealing to help individuals protect their rights than to be working for powerful organizations. Some companies have seemingly unlimited resources to put towards their defense and try to outspend or outlast their opponents. Our challenge is to overcome that and hold the government or corporations accountable.
What was it like moving on from law school and starting your own firm?
It was really exciting and a little nerve-wracking to be starting my own business. Fortunately, we have grown pretty quickly and our positive reputation has helped us build a strong base of clients and given us the opportunity to take on good cases. We are fortunate to be able to choose cases and start working relationships that are a good fit for our firm and for the client. Instead of just being handed down cases from someone else, we can connect with potential clients on a personal level and determine what is best for them and for us.
Have you seen any recent trends in the types of cases that you have been handling?
We have been working on a number of disability cases, as well as retirement and discrimination cases. With amendments to the American with Disabilities Act (ADA) in recent years, it has actually gotten easier for people to qualify under the ADA and pursue legal action because a greater number of conditions are officially listed as being disabilities. If you request an accommodation for any type of disability, whether it is a more traditional physical disability or an issue with arthritis or OCD, for example, you can file a claim for discrimination if your reasonable accommodation request is denied. Now that cases don’t have to center around proving whether or not something is a disability, these cases have actually gotten easier to pursue.
One of your practice areas is federal employment discrimination. What are the differences between how those types of cases are handled versus a private workplace discrimination case?
One of the advantages that we have in litigating federal employment cases is that the government is not as likely to spend a ton of money on a single case the way a corporation might. There are often so many federal cases going on at once that agency attorneys do not have the resources to target one individual case. Sometimes we actually have trouble getting them to take action on a case, such as conducting discovery, because they could actually hurt themselves. Trying to get them to do anything on a case can be one of the major challenges.
Can you explain adverse action and the types of cases that you handle within that area of law?
An adverse action is something that an employer does that violates their duty to an employee or an employee’s legal rights. It could be a suspension of more than 14 days or a loss in pay or grade, so something fairly specific in some cases. In a discrimination case involving the EEOC, it can be much more ambiguous. If an employee is accusing an employer of retaliation, almost any action can qualify as an act of retaliation. Anything that would deter a person from filing a complaint could count as retaliation by an employer.
In discrimination cases, it’s a similar situation where many different types of actions may qualify as grounds for a claim. A hostile work environment, a poor end of year review, being reassigned to a new supervisor, or anything else that may be done because someone has an issue with your race, gender, age, religion, or other personal characteristic may qualify as discrimination.
What advice do you have for clients who are pursuing a discrimination case?
Federal employees only have 45 days to make an informal complaint, so they need to file their complaint as soon as possible and don’t have time to wait around for more evidence. If they miss that 45 day deadline, there is often nothing that we can do to help them. We advise our clients to go ahead and file a complaint if they have a reasonable belief that they have been discriminated against. After that point, you will have just 15 days to file a formal complaint. Unfortunately these deadlines seem designed to limit the number of cases that can be brought against the federal government at any given time and aren’t designed in the best interests of the employees themselves.
What are some things that you think potential clients should know about filing claims or seeking legal help in a federal employment case?
One of the things that comes up frequently is the misconception that if someone is mean to you, you automatically have grounds to file a claim for harassment or discrimination. However, there isn’t a law against being a mean person. Unless you have some kind of evidence that you were treated unfairly because of your race, color, religion, sex, age, national origin, or disability, you cannot file a claim against your employer.
Another thing clients should be aware of is the amount of time that these types of cases take. An EEOC case for discrimination can take about a year or longer to be resolved. Some other types of cases can be resolved more quickly, but any case will take at least a few months before you will receive a decision.
