Employment Rights & Federal Policies
Civil Servants’ Rights
Federal workers in the United States have many important legal protections under current statutes. The following is a summary of several key provisions. If you believe that you have been treated in a manner that violates these provisions, you may be able to challenge the violation and receive appropriate remedies.
Protection against discrimination: Federal employees are protected from discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 and older), disability, and genetic information.
Collective bargaining rights: The Federal Service Labor-Management Relations Statute allows certain non-postal federal employees to organize, bargain collectively, and participate in labor organizations of their choice.
Whistleblower protection: Federal workers have the right to report safety violations, harassment, and discrimination without fear of retaliation.
Due process: Federal employees who have completed their probationary period or have immediate prior service, could receive due process protection through the Fifth Amendment to the U.S. Constitution and civil service laws, especially for adverse actions such as suspensions, removals, or demotions.
Fair compensation: The Fair Labor Standards Act (FLSA) and Federal Employees Pay Act ensure that federal workers receive at least the federal minimum wage and overtime pay.
Workplace safety: Federal employees are protected by workplace safety laws enforced by the Occupational Safety and Health Administration (OSHA).
Merit system protection: Federal employment is based on a merit system that prohibits a wide range of discriminatory and unfair employment actions.
Official time: Federal employees have the right to use official time for certain union-related activities.
Right to appeal: Federal employees can challenge adverse employment actions through the Merit Systems Protection Board (MSPB).
Office of Special Counsel: Federal employees can file complaints with the Office of Special Counsel if they are subjected to prohibited personnel practices.
Office of Inspector General: Federal employees can report waste, fraud, and abuse to their agency’s OIG (and to Members of Congress).
Protection during government shutdowns: The Government Employee Fair Treatment Act of 2019 requires federal employees to be compensated for periods of government shutdowns, whether they are furloughed or required to work.
The Merit Systems Protection Board is an independent, quasi-judicial agency in the Executive branch that serves as the guardian of Federal merit systems. The mission of the MSPB is to "Protect the Merit System Principles and promote an effective Federal workforce free of Prohibited Personnel Practices."
The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency. OSC's primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices (PPPs), especially reprisal for whistleblowing.
Prohibited Personnel Practices
Prohibited personnel practices (PPPs) are employment actions that violate federal merit system principles. These practices include discrimination, retaliation, and improper hiring.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy, childbirth, or related conditions, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Reasonable Accommodation
FMLA
Weingarten Rights
Hardship Reassignment
Hardship Reassignment Factsheet