If a federal employee does not have access to records and evidence that the employee believes will help prove their case, the employee can file a Freedom of Information Act (FOIA) Request for the documents or records.
These requests can be filed at any time, even prior to discovery being ordered in a case, and can be a very useful tool for obtaining information.
FOIA requests should be as specific as possible and describe exactly which records are being requested, and the time period for which they are being requested.
By Executive Order, federal agencies have been ordered to make information publicly accessible, and not keep information private just because the disclosure of such information might be embarrassing or because agencies would prefer that information not be disclosed.
FOIA requests should be submitted early, as the Agency may take a very long time to produce requested information.
The Agency may further try to characterize requests as vague in an effort not to produce requested documentation.
As such, it is best to make sure requests are detailed and to expect that it might take a long time to receive a response.
The federal employee attorneys at Melville Johnson, P.C. have experience using FOIA Requests to help federal employees build their discrimination cases. If you believe you are being discriminated against, contact us today using the form below or give us a call.