Resources for Federal Employees

Federal Worker Rights

Despite this being an unprecedented and disturbing assault on the federal civil service and on the work of government itself, as a federal employee still have rights and remedies afforded to you by law. If you believe you are being targeted for an improper or illegal reason, you should:

1. Document everything

2. Seek legal advice, either from an attorney who specializes in federal employee law or from your union.

If you are in a bargaining unit, it is important to contact your union first, as there may be a negotiated set of grievance procedures specific to your situation.

If you are a current or former federal employee or applicant, and you have been subjected to any of the following prohibited personnel practices, which are banned employment activities in the federal workplace (and are not on the list of exceptions), you may have the right to file a complaint with the Office of Special Counsel (OSC):

• Discrimination (although OSC defers to the EEOC on any overlapping claims)

• Personnel recommendations based on connections or influence

• Coercing political activity

• Obstructing competition

• Influencing withdrawal from competition

• Granting unauthorized advantages

• Nepotism

• Whistleblower retaliation

• Other forms of retaliation

• Violating rules that implement merit system principles

• Imposing nondisclosure agreements that prevent whistleblowing

• Accessing medical records to further another prohibited personnel practice.

To file a complaint, you can begin the process online. The OSC has the authority to seek corrective actions, which are intended to remedy the situation, or disciplinary actions, which penalize the agency officials responsible for committing the prohibited personnel practices, or both.

If you are a federal employee and believe that one of the following personnel actions was taken against you not based on merit but for other reasons, you may have the right to appeal the decision to the U.S. Merit Systems Protection Board (MSPB):

• Agency adverse actions, such as removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or less.

• Other types of actions, including performance-based removals or reductions in grade, denials of within-grade salary increases, reduction-in-force actions, OPM suitability determinations, OPM employment practices, OPM determinations in retirement matters, denials of restoration or reemployment rights, terminations of probationary employees under certain circumstances, and placements or movements into excepted service positions without civil service protections.

To appeal, you would need to file a written appeal. The agency is required to prove that its actions were justified. The appeal process involves several steps, with the possibility of seeking a review of the final decision by the U.S. Court of Appeals for the Federal Circuit.

If you are a current or former federal employee or a federal job applicant and believe you have been discriminated against because of your race, color, religion, sex (including sexual orientation, pregnancy, or transgender status), national origin, age (40 and older), disability or genetic information you may have a right to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).

More details are found on the EEOC’s website, but you start by contacting an EEOC Counselor at the agency where you work or where you applied for the job within 45 days of when the discrimination occurred.

The information contained in this website is provided for informational purposes only and intended to provide a general overview of the legal rights of federal employees as set forth by executive branch agencies with responsibility for protecting those rights, such as the U.S. Office of Special Counsel (OSC), the Equal Employment Opportunity Commission (EEOC), and the U.S. Merit Systems Protection Board (MSPB). The information contained in this website should not be construed as legal advice on any subject matter. For legal advice, consult an attorney or if you are in a bargaining unit, consult your union.