Tips from the Trenches

Deryn A. Sumner, Esq.

Deryn A. Sumner, Esq. is a Partner at Gilbert Employment Law, as well as Co-Chair of the firm's Federal Sector EEOC Practice Group. She focuses her practice on representing federal employees and agencies before the EEOC and has worked on hundreds of cases involving claims of employment discrimination on the basis of disability, race, age, religion, retaliation and other bases. She also has experience representing employees and agencies in cases of whistleblower retaliation and adverse action challenges before the MSPB. Ms. Sumner graduated from American University's Washington College of Law in Washington, D.C. While in law school, she served as a Note and Comment Editor on the Administrative Law Review, as well as co-chair of the Labor and Employment Law Society. She also holds a Bachelor of Arts in Political Science from the University of Southern California in Los Angeles, California. Ms. Sumner is the co-author of several books on federal sector employment law including Representing Agencies and Complainants Before the EEOC; Federal Sector Disability Discrimination Law Deskbook; EEO Counselors' and Investigators' Manual; and an annual Consolidated Federal Sector EEO Update.

Recent Posts

The Most Important Steps Agencies Can Take To Limit Exposure On Damages

Apr 23, 2019 3:40:29 PM / by Deryn A. Sumner, Esq. posted in federal hr & eeo law training, damages, exposure


As attorneys who represent both agencies and employees before the EEOC, MSPB, and other administrative forums, we understand that not all complaints filed by employees have merit and may not pose a litigation risk to agencies. However, many cases do have merit. Also, sanctions issued by an administrative judge or the Office of Federal Operations can quickly turn a case from “no way we can lose,” to “this is going to cost us how much?!?”

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EEOC Focuses On Need for Agency Reps To Stay Out Of EEO Investigations

Apr 2, 2019 11:41:45 AM / by Deryn A. Sumner, Esq. posted in federal hr & eeo law training, eeo investigations, agency reps


Those of us who have been practicing before the EEOC for many years remember when the Commission turned its attention to agencies that failed to complete investigations within the 180-day regulatory timeframe and issued default judgments in the Cox and Royal cases. Key in these decisions was the idea that failing to timely investigate these claims undermined the integrity of the EEO process. In 2018, the Commission again turned its focus towards upholding the integrity of the EEO process by issuing sanctions where agencies improperly interfered with EEO investigations by representing and advising responsible management officials.

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So An Employee Has Requested Telework As A Reasonable Accommodation

Mar 27, 2019 4:11:28 PM / by Deryn A. Sumner, Esq. posted in reasonable accommodation, telework, federal hr & eeo law training


Many federal workplaces encourage the use of telework for all employees, regardless of whether they have a disability or medical condition. And some federal workplaces actively discourage the use of telework, for reasons of confidentiality, national security, or simply managerial preference. We’ve seen the pendulum swing back and forth in recent years on telework. Although once actively discouraged, workplaces in the private and federal sector moved towards encouraging remote work to reduce commuting time for employees and to save on office space.

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