by Lisa White

UncategorizedFebruary 18, 20250 comments

Are Federal Employee at a Fork in the Road? Know Your Rights.

Federal civil service employees, or career employees of the U.S. federal government, have the constitutional right not to be deprived of property without due process. In the employment context, this means civil service employees are entitled to an opportunity to respond prior to termination of employment decisions, and may resort to post-termination administrative proceedings to challenge an employment termination. Due process provides a government employee the right to notice, and a meaningful opportunity to be heard.
Prohibited Personnel Actions
A legal framework exists to ensure that no federal employee is removed from their job, suspended for more than 14 days, is reduced in pay or in grade, or is furloughed for 30 days or less — without 30 days’ notice from the agency and a reasonable time to respond to the notice. Adverse actions that do not comply with these requirements can be appealed to the Merit Systems Protection Board.
Discrimination
Federal employees cannot be discriminated against on the basis of race, color, religion, sex, national origin, age, disability, genetic information, pregnancy, or childbirth, nor retaliated against for engaging in a protected activity as defined in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, or the Rehabilitation Act. Discrimination in employment based on a protection afforded under these statutes or others is appealable to the Equal Employment Opportunity Commission, subject to specific filing deadlines.
Federal employees have the right to appeal adverse personnel decisions or discriminatory actions taken against them by the Government. First, one must determine their status as an employee. Federal law defines an employee as an individual in the competitive civil service who is not in their probationary period, or who has completed one year of continuous service, or “an individual in the excepted service . . . who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less.”
There are some instances where a probationary Federal employee can appeal a termination decision when a Federal government agency takes adverse action against them, but generally, probationary employees do not have the full protections that non-probationary federal employees have.
None of the information provided in this article constitutes legal advice. Every situation is different and should be thoroughly reviewed by and discussed with your legal advisors. Please do not rely on the contents of this article as the basis for making decisions regarding your particular situation. If you are facing an adverse Government employment action or employment discrimination, and reside in the State of Maryland, Lewicky, O’Connor, Hunt & Meiser stands ready to provide legal support to you.