Navigating Uncertain Times: Protecting Civil Servants’ Rights

The Trump administration’s actions to reshape federal employment policies have created uncertainty for many dedicated public servants. Civil servants—cornerstones of a fair and functional government—may be facing unprecedented challenges, including threats to job security, reductions in workplace protections, and new policies targeting Diversity, Equity, and Inclusion (DEI) programs. This Q&A section is designed to provide practical guidance and empower federal employees to understand their rights, navigate emerging policies, and take action to protect their careers. 

Please be advised that the information contained herein is for general informational purposes only.  Its contents should not be construed as, nor do they constitute legal advice, are not intended to be a substitute for legal advice, and should not be relied on as such.  You should consult an attorney if you seek legal advice regarding any particular matter pertaining to the subject matter herein.

Employment Rights and Job Security

What should I do if I believe I'm being targeted for dismissal based on political reasons rather than job performance?

If you believe you're being targeted for dismissal from federal employment based on political reasons rather than job performance, it's important to take proactive steps to protect your rights and career. Here are some actions you should consider:

Document Everything

Keep detailed records of your job performance, including:

• Performance reviews
• Commendations
• Successful projects
• Any evidence of political discussions or pressure in the workplace

You can also consider downloading or printing your personnel files, which can be found online here.

Seek Legal Advice

Consult with an experienced federal employment law attorney. They can:

• Evaluate your situation
• Advise you on your rights
• Help you navigate the complex federal employment laws

A list of attorneys available to help will be coming to Civil Service Strong soon. 

Contact Your Union

If you're a union member, reach out to your union representative. Unions like the American Federation of Government Employees (AFGE) and the National Treasury Employees Union (NTEU) are actively opposing the new executive order and may provide support[1][3].

File a Complaint

Consider filing a complaint through appropriate channels:

• Your agency's Equal Employment Opportunity (EEO) office
• The Office of Special Counsel (OSC) for prohibited personnel practices
• The Merit Systems Protection Board (MSPB) if you face adverse action

Know Your Rights

Remember that you have constitutional protections:

• First Amendment rights to free speech (for government employees)
• Due process rights
• Protection against discrimination based on political affiliation

Stay Professional

Continue to perform your duties to the best of your ability. Avoid engaging in political discussions or activities at work that could be used against you. 

Be Cautious on Social Media

Be mindful of your social media activity, as the Executive Order called Restoring Accountability to Policy - Influencing Positions Within the Federal Workforce may allow scrutiny of personal accounts for perceived disloyalty.

Seek Support

Connect with colleagues who may be in similar situations. Consider joining or forming support groups for affected federal employees.

Remember, the implementation of civil service related executive orders are likely to face legal challenges. Stay informed about developments and any guidance regarding these EOs issued by the Office of Personnel Management or your agency regarding the new Schedule Policy/Career classification.

If I am on my probationary period, do I have any rights to challenge my termination?

Though federal employees on their probationary period are not covered by the due process rights that apply to non-probationary employees, merit systems principles still apply. Accordingly, an agency may not commit a prohibited personnel practice against a probationary employee. Prohibited personnel practices make it illegal, for example, to discriminate based on a range of protected classes, including political affiliation. If you are a probationary employee who has been terminated and you think the termination (or other adverse personnel action) is based on a prohibited personnel practice, you should consult your union or legal counsel, as you may be able to file a complaint with the Office of Special Counsel, pursue a remedy under any applicable collective bargaining agreement, file a complaint under the civil rights laws, or have other remedies. Please note that employees within a probationary period that have current continuous service from another federal position could have adverse action rights. 

What protections do I have against being fired or reassigned under the new Schedule F (Schedule Policy/Career) classification?

The original Executive Order on Creating Schedule F In The Excepted Service includes characteristics of jobs that could be moved to Schedule F. The new Executive Order on Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce includes other characteristics. 

Within 30 days of the order (by February 19, 2025), the OPM Director is required to issue guidance on additional categories of positions that agencies should consider recommending for Schedule Policy/Career1. This guidance may provide more specific criteria for determining if your position falls under the new classification. Your agency will need to review positions and recommend them to the OPM Director, who will then recommend to the President which positions should be placed in Schedule Policy/Career. 

To determine if your position might fall under this new classification, consider the following factors:

• Your role involves policy-influencing responsibilities, such as shaping, implementing, or advocating for policies that significantly impact Americans.
• You directly or indirectly supervise employees in Schedule Policy/Career positions.
• Your duties align with categories that the Director of the Office of Personnel Management (OPM) indicates may be appropriate for inclusion in Schedule Policy/Career.

Reduction in Forces & Job Loss

A Reduction-in-Force (RIF) is a form of layoff that results in a permanent decrease in the total number of employees in a federal agency. It occurs when an agency decides to abolish positions due to lack of work, shortage of funds, insufficient personnel ceiling, or reorganization.

When an agency conducts a RIF, it must follow specific procedures to determine which employees are released and which are retained. These procedures consider factors such as:

1. Tenure group (type of appointment – permanent vs. term/temporary)
2. Veterans preference
3. Length of service
4. Performance ratings

It's important to note that a RIF is different from a furlough. A furlough of more than 30 calendar days, or more than 22 discontinuous workdays, is considered a RIF action. However, a shorter furlough is treated as an adverse action, not a RIF.

If you are affected by a RIF, you may have certain rights and benefits, including:

1. Advance notice: You must receive at least 60 days written notice before being removed from your competitive level.
2. Termination benefits: You may be entitled to severance pay, unemployment benefits, unused leave payout, and continued health insurance coverage.
3. Appeal rights: Eligible employees can challenge a RIF decision with the Merit Systems Protection Board (MSPB) if they believe proper procedures weren't followed or with the Office of Special Counsel if they have believe they have been subject to a prohibited personnel practice.

While a RIF can result in job loss, it's crucial to understand your rights and the process to best protect your interests during this challenging time.

If you believe you will be subjected to a RIF, have received a RIF notice, or have already been separated from federal service, and wish to challenge that action, you should consider consulting with legal counsel or your union (if you are a union member).

Can a career SES be terminated without  the agency following adverse action processes?

No, a career SES cannot be terminated without following adverse action processes which include a timely notice. The Office of Personnel Management (OPM) and Merit Systems Protection Board (MSPB) regulations require agencies to provide written notice before terminating a career SES member.

For career SES members who have completed their probationary period:

1. The agency must provide at least 30 calendar days of advance written notice before removing the executive from the SES. (OPM).

2. In cases of adverse actions (removal or suspension for more than 14 days), the executive is entitled to (OPM):

   - At least 30 days' advance written notice

   - An opportunity to respond

   - A written decision

   - Notice of appeal rights to the Merit Systems Protection Board (MSPB)

For probationary career SES members:

1. The agency must give written notice at least one day before the effective date of removal (OPM).

2. If the removal is due to conditions arising before appointment, the agency must provide (OPM):

   - Advance written notice stating specific reasons for proposed removal

   - An opportunity to reply

   - A written decision showing reasons for the action and the effective date

There are limited exceptions where the 30-day notice period can be shortened (OPM):

1. When the agency has reasonable cause to believe the executive has committed a crime for which imprisonment can be imposed.

2. In cases where retention poses a significant threat to others, risk of loss or damage to government property, or jeopardy to other legitimate government interests.

Even in these exceptional cases, some form of notice is still required. The agency must follow specific procedures outlined in 5 CFR 359.406.

Can a career SES be reassigned without their consent?

Yes, but various rules and procedures apply. 

Career members of the SES must receive written notice of any reassignment at least 15 days before the effective date of such reassignment.

Reassignments may not be to positions outside the SES’s commuting area unless (a) the agency consults with the career appointee on the reasons for, and the appointee’s preferences with respect to, the proposed reassignment; and (b) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.

Special rules apply when a new agency head is appointed and when a new noncareer appointee who has the authority to make an initial appraisal of the career appointee’s performance is appointed. In either case, a career appointee in an agency may not be involuntarily reassigned for 120 days. 

Can a GS career federal employee be terminated without following adverse action processes which include a timely notice?

GS employees who are on their probationary period and do not have sufficient federal service in a prior position can be terminated without notice, but not for impermissible reasons (e.g., discrimination, retaliation, or based on political affiliation). 

GS employees who are not on the probationary period, do not have sufficient federal service in a prior position, and are not political appointees may NOT be terminated without notice. An employee against whom an adverse action is proposed is entitled to—

1. at least 30 days’ advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;
2. a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
3. be represented by an attorney or other representative; and
4. a written decision and the specific reasons therefor at the earliest practicable date.
   

An employee against whom an adverse action is taken is also entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.

Employees are also entitled to copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material.

Diversity, Equity, and Inclusion (DEI) Programs and Employees

If I work in a DEI-related role, what immediate actions should I take to protect my job?

The Trump Administration has taken an aggressive approach to eliminating DEI work throughout the federal government and has applied a very broad brush to identify which federal employees work on DEI. If you are put on administrative leave and/or receive notice that you will be subject to a reduction-in-force because you worked on DEI, you should consult your union or legal counsel. The rules concerning reductions-in-force are technical and complex, including the scope of the RIF and any rights that employees subject to a RIF may have with respect to other jobs for which they are qualified. Agencies are required to follow these rules and if they fail to do so, you may have appeal rights. 

If I have been or I'm placed on administrative leave due to working in a DEI office, what are my rights and options?

Because administrative leave is paid time off, it can be harder to challenge an agency decision to place you on administrative leave. The agencies’ discretion, however, is not unlimited. If you think that there are unique circumstances that apply to you or that you are being singled out for particularly egregious treatment, you should consult your union or legal counsel.

How can I transfer my skills to other areas of government work if my DEI-related position is eliminated?

You should apply for any available federal job in which you are interested and for which you are qualified. It would be illegal for an agency to disqualify you from consideration because you worked on DEI in a previous job. Agencies should not discriminate against people who worked on DEI when considering them for other federal jobs for which they are qualified

Hiring Freezes and Job Offers

If I recently accepted a federal job offer, how can I determine if it's still valid under the new hiring freeze?

There are several exceptions to the hiring freeze contained in the policy. Each agency is implementing the freeze based on its interpretation of the policy and exceptions. Accordingly, you should check in with the agency’s HR or the hiring manager for questions about whether the freeze applies to your job offer. 

What options do I have if my job offer has been revoked due to the hiring freeze?

Generally, agencies have authority to revoke job offers before a person is on-boarded and, even once on-boarded, can terminate employees who are on probationary employees. However, an agency may not commit a prohibited personnel practice against a job applicant. Prohibited personnel practices make it illegal, for example, to discriminate based on a range of protected classes, including political affiliation. If you are a job applicant who has had an offer of employment rescinded and you this the offer was rescinded based on a prohibited personnel practice, you should consult your union or legal counsel, as you may be able to file a complaint with the Office of Special Counsel, pursue a remedy under any applicable collective bargaining agreement, file a complaint under the civil rights laws, or have other remedies.  

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