Five Rights All Federal Workers Have

The Trump Administration’s attack on the federal workforce threatens the livelihoods of hardworking public servants across the country. The federal workforce, which is nearly 20% Black, ensures that our government functions, no matter who occupies the Oval Office. These public servants also play a major role in ensuring equal access to opportunities and providing critical benefits and services to the public. 

Federal employment has long served as a gateway to the middle class for Black people. As Black people were systematically shut out of the private sector, public employment gave them the opportunity to advance in their careers and achieve financial security, a legacy that continues to this day.  

No matter what Trump’s orders proclaim, federal employment statutes have not changed. Federal workers are still protected by the Civil Service Reform Act of 1978, Title VII of the Civil Rights Act, and many other federal laws and rules.

1. Federal employees have the right to be free from discrimination. 

The Civil Rights Act of 1964 is the law of the land, and its Title VII provision protects all workers from discrimination in hiring, firing, pay, job assignments, and benefits. It also protects against on-the-job harassment or intimidation based on race, color, religion, sex, sexual orientation, gender identity, and national origin. Other laws protect against discrimination on the basis of age, disability, military service, and genetic information.  

Federal workers seeking to remedy discrimination they are experiencing generally must report any incidents of discrimination to their employer’s Equal Employment Opportunity (EEO) officer within 45 days. Dates are important to this process, so federal employees may need to act quickly.  

After the initial report is filed, an employee generally will need to file an administrative complaint with the Equal Employment Opportunity Commission (EEOC) and wait a period of time before a Title VII lawsuit can be filed in court. 

2. Federal employees have the right to free speech, but there are certain limits to what they can say or do.

In their private lives, federal employees have the right to vote, voice their opinions, and otherwise participate in the democratic process as citizens. However, the government may limit the speech of its employees in instances where that speech could impact their work responsibilities.   

An employee’s First Amendment rights are strongest when speaking in their personal capacity outside the workplace and off official devices. The ACLU District of Columbia has put together a First Amendment resource for federal employees.

The Hatch Act and agency-specific rules may place limits on federal employees’ political activity, and these are very important to follow. When in doubt, seek advice from a lawyer.  The U.S. Office of Special Counsel has put together an FAQ about the Hatch Act.

3. There are legal protections for federal employees who report discrimination or disclose wrongdoing. 

If a federal employee has made others aware of activity that violates the law, is wasteful or abusive, or poses a danger to the public, they may be protected by laws that prohibit retaliation against whistleblowers.  

Whistleblower protections may also apply to disclosures of information to Congress or to internal government watchdogs, including the Office of Special Counsel or an Inspector General. The Government Accountability Project Democracy Protection Initiative has put together a guide to whistleblowing for federal employees.

There are also federal laws and rules that prohibit retaliation against federal employees who report illegal discrimination.

4. Many federal employees have other rights provided by civil service statutes and regulations. 

Civil service laws provide different protections depending on a federal employee’s position, classification, tenure, and other circumstances. These important rights are intended to promote the apolitical expertise and job security that civil servants need to serve the country effectively, and to protect against corruption and improper influence. 

Federal employees who have completed an initial period on the job (usually between one or two years) are often protected against arbitrary or politically motivated termination. Protections may include advance-notice requirements before firing or reassignment and, in some cases, a right to challenge adverse employment decisions. Federal employees may also have rights under collective bargaining agreements that unions and the federal government have negotiated.

5. Federal Employees have the right to make informed decisions.

Federal employees don’t need to make important decisions alone. Federal employees who are concerned about potential violations of their rights should seek legal advice from an employment lawyer or consult with a union representative as soon as possible.

There are several additional resources available for civil servants seeking more information about their rights: 

The information provided herein is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this information or using the website. For specific legal advice tailored to your situation, please consult a qualified attorney.

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