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Several federal laws protect civil service employees in the federal workforce. Along with constitutional protections, federal employees are also entitled to numerous statutory protections that apply to all aspects of their employment. As a federal employee (or as a recently terminated federal employee), knowing your legal rights is important. If the federal government has violated your legal rights, you may be entitled to various remedies, and an experienced Maryland federal employment lawyer will be able to help you seek the remedies you deserve.
Key Laws that Protect Employees of the Federal Government
The following are some of the key laws that protect employees of the federal government:
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 (“Title VII”) protects federal employees against several forms of discrimination and harassment in the workplace. Specifically, it prohibits discrimination and harassment on the basis of color, national origin, race, religion or sex (including transgender status, sexual orientation and pregnancy), and it entitles federal employees who experience prohibited discrimination or harassment to damages and other remedies.
Some examples of prohibited practices under Title VII include:
- Discriminatory hiring
- Discriminatory pay and promotion
- Discriminatory job and jobsite assignments
- Discriminatory discipline
- Discriminatory termination
Despite these prohibitions, federal employees still experience discrimination and harassment on the job. If you believe that you have experienced any form of discrimination or harassment that falls under Title VII, you should consult with an experienced Maryland federal employment lawyer promptly.
Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) protects federal employees who are age 40 and older against age-based discrimination. Similar to Title VII, the ADEA applies to all aspects of federal employment—from hiring and promotion to disciplinary action and termination. It also protects federal employees age 40 and older against age-based harassment, including “offensive or derogatory remarks about a person’s age. . . . [that are] so frequent or severe that [they] create[] a hostile or offensive work environment or . . . result[] in an adverse employment decision.”
Rehabilitation Act
The Rehabilitation Act protects federal employees against disability-based discrimination and harassment. It extends the protections afforded to employees in the private sector under the Americans with Disabilities Act (ADA) to employees of the federal government.
Under the Rehabilitation Act, federal agencies must also provide reasonable disability accommodations to employees who need them. As the U.S. Office of Personnel Management explains, “[a] reasonable accommodation is any change in the work environment or the way things are usually done that enables an individual with a disability to enjoy Equal Employment Opportunity.”
Pregnant Workers Fairness Act (PWFA)
The Pregnant Workers Fairness Act (PWFA) requires federal agencies to provide reasonable accommodations to workers who need them for pregnancy-related reasons. This includes reasons existing both during pregnancy and after childbirth. While employers do not have to provide accommodations that would present an “undue hardship,” this is a fairly high burden in the federal employment context.
Civil Service Reform Act
The Civil Service Reform Act protects federal employees against prohibited personnel practices (PPPs). Examples of PPPs in the federal employment sector include:
- Coerced political activity
- Discrimination
- Nepotism
- Retaliation
- Violation of federal Merit System Principle (MSP) rules
The Office of Special Counsel (OSC) handles most (but not all) cases involving PPPs. If you believe that you have experienced a PPP as a federal employee, an experienced Maryland federal employment lawyer can determine whether you have grounds to file a complaint with the OSC under the Civil Service Reform Act, or whether you may need to take other steps to assert your legal rights.
Equal Pay Act
The Equal Pay Act prohibits wage discrimination based on sex. As the U.S. Department of Labor (DOL) explains, “[a]ll forms of compensation are covered, including salary, overtime pay, bonuses, life insurance, vacation and holiday pay, . . . reimbursement for travel expenses, and benefits.” As the DOL also explains, while federal employees generally only have 45 days to file a complaint under the Equal Pay Act, “[u]nder the Lilly Ledbetter Fair Pay Act of 2009, . . . the 45-day requirement . . . is renewed each time an individual is allegedly paid wages, benefits, or other compensation less than someone from another protected class performing substantially similar duties.”
Providing unequal pay for substantially equal work is also a form of discrimination and a violation of a Merit System Principle (MSP).
Family and Medical Leave Act (FMLA)
Federal employees who meet the Family and Medical Leave Act’s (FMLA) eligibility criteria are entitled to take job-protected leave for qualifying family and medical reasons. These reasons include, but are not limited to:
- To obtain treatment for a serious health condition
- To care for a spouse, child or parent with a serious health condition
- The birth of a child
- The placement of a child with the employee for adoption or foster care
- Qualifying exigencies related to a spouse’s, child’s or parent’s military service
While FMLA leave is generally unpaid, upon returning from FMLA leave, federal employees must generally be offered their previous position or a comparable position if their previous position is no longer available. Exceptions apply, but only in limited circumstances.
This list is not exhaustive. Several other laws restrict the federal government’s actions with respect to its employees as well. If you have questions about your legal rights as a federal employee under any circumstances, we strongly encourage you to speak with an experienced Maryland federal employment lawyer in confidence as soon as possible.
Speak with an Experienced Maryland Federal Employment Lawyer in Confidence
The Law Firm of J.W. Stafford is an employment law firm in Maryland that helps federal workers protect their legal rights. If you believe that your federal agency (or former federal agency) has violated your rights as a federal employee, we invite you to contact us for more information. Call 410-514-6099 or contact us confidentially online to speak with an experienced Maryland federal employment lawyer today.