# Can I sue for discrimination if I work directly for an elected official? - Jurisdiction: United States - Practice area: Employment Law - Published: 2026-11-05 - Last updated: 2026-11-05 - Canonical: https://lawasked.com/us/employment-law/can-i-sue-discrimination-if-i-work-directly ## Question I am currently living in Ohio and I have been working as a personal advisor for a local county commissioner for about fourteen months. My job involves helping him navigate his legal responsibilities and advising him on policy decisions for our district. About three months ago, in early February, my boss started treating me differently because of my religious beliefs. He made several comments about my faith during staff meetings and eventually passed me over for a promotion that I was clearly qualified for, giving the role to someone with much less experience. I tried talking to him privately to resolve the issue, but he told me that since I am part of his personal political staff, I don't have the same employment protections as the regular city workers. I have already looked into filing a complaint with the government, but I am confused about whether the rules that protect regular employees from unfair treatment actually apply to people like me who work directly for elected politicians. If I decide to file a formal complaint, how much time do I have to act before I lose my right to do so, and can I get my legal fees covered if I win? ## Summary Yes, you can sue for discrimination. Federal law specifically extends employment protections to personal staff and immediate advisors of elected officials, including protection against religious discrimination. ## Analysis Your boss is incorrect; you do have employment protections. Under federal law, the rights and protections against discrimination apply to individuals who are "chosen or appointed, by a person elected to public office... to be a member of the elected official’s personal staff" [1]. Because you serve as a personal advisor helping him with legal and policy responsibilities, you fall into the category of an "immediate advisor with respect to the exercise of the constitutional or legal powers of the office" [1]. This means you are protected from discrimination based on your religion [2]. Regarding your timeline, you must act quickly. To start the process, you may "file a complaint alleging a violation, not later than 180 days after the occurrence of the alleged violation" [1]. Since the issues began in early February, your 180-day window is already running. If you win your case, you may be able to recover your legal costs. The law states that "if the individual... is the prevailing party... attorney’s fees may be allowed by the court" [1]. A prevailing party is the person who wins the legal dispute. Additionally, if the Equal Employment Opportunity Commission (EEOC) finds a violation, their final order can provide "appropriate relief" [1], which can include things like back pay or other remedies to make up for the lost promotion. It is currently unclear if the specific comments made in staff meetings or the passing over for promotion meet the legal threshold for a formal violation, as this depends on the specific evidence of your boss's intent. ## Statutory citations - Civil Rights Act & Americans with Disabilities Act, 42 U.S.C. § 2000e–16c - Coverage of previously exempt State employees [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c) > The rights, protections, and remedies provided pursuant to section 2000e–16b of this title shall apply with respect to employment of any individual chosen or appointed, by a person elected to public office in any State... (1) to be a member of the elected official’s personal staff; (2) to serve the elected official on the policymaking level; or (3) to serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. - Civil Rights Act & Americans with Disabilities Act, 42 U.S.C. § 2000e–16c - Coverage of previously exempt State employees [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c) > Any individual referred to in subsection (a) may file a complaint alleging a violation, not later than 180 days after the occurrence of the alleged violation, with the Equal Employment Opportunity Commission - Civil Rights Act & Americans with Disabilities Act, 42 U.S.C. § 2000e–16c - Coverage of previously exempt State employees [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16c) > If the individual referred to in subsection (a) is the prevailing party in a proceeding under this subsection, 1 1 So in original. attorney’s fees may be allowed by the court - Civil Rights Act & Americans with Disabilities Act, 42 U.S.C. § 2000e–16b - Discriminatory practices prohibited [in force] (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e–16b) > All personnel actions affecting the... State employees described in section 2000e–16c of this title shall be made free from any discrimination based on— (1) race, color, religion, sex, or national origin --- General information only, not legal advice. See https://lawasked.com/disclaimer