When Can Federal Employees File Claims for Political Discrimination?

If you have concerns about political discrimination as a federal employee, you are not alone. Moving forward, you will want to make sure you have a clear understanding of your legal rights—and what you can do to assert your legal rights if necessary. Learn what you need to know from federal employment attorney Jay Stafford:

Political Discrimination in Federal Workplaces

Like many other forms of discrimination, political discrimination is prohibited in federal workplaces. This means that federal agencies (and their subdivisions) are generally prohibited from taking adverse employment actions against employees based on their political affiliation. Prohibited discriminatory actions include (but are not limited to):

• Hiring
• Compensation and job assignments
• Promotions and pay raises
• Decisions regarding benefits and leave
• Termination

If you believe that you have experienced an adverse employment action based on your political affiliation, you will want to consult with a federal employment attorney promptly. In this scenario, an experienced attorney may be able to seek legal remedies on your behalf. As the U.S. Office of Personnel Management (OPM) explains:

“If you are alleging discrimination based on . . . political affiliation . . . that is not related to job performance, you may file a written complaint with the United States Office of Special Counsel.”

Political discrimination is classified as a prohibited personnel practice (PPP), and the Office of Special Counsel (OSC) handles PPP complaints filed by federal employees. As summarized by the OSC:

“OSC is an investigative and prosecutorial agency. Current and former federal employees, including probationary employees, and applicants for federal employment can submit a complaint . . . [and] OSC will review the allegations to determine jurisdiction and investigate allegations of prohibited personnel practices. In complaints where OSC finds a violation, OSC has the authority to seek corrective and/or disciplinary action and/or file complaints with the Merit System Protection Board, where appropriate.”

While federal employees can file complaints with the OSC online, it is important that aggrieved employees satisfy all technical and substantive requirements when reporting political discrimination. Deficiencies in federal employees’ complaints can delay resolution of their claims, and can potentially lead to unwarranted denials. With this in mind, if you think that you may have a political discrimination claim, we strongly recommend consulting with a federal employment attorney before starting the process.

You will want to gather and preserve as much documentation as possible before starting the process as well. This includes any formal documentation you have related to your political discrimination claim (i.e., formal job notices from your federal employer) as well as any documented communications. You should also take notes detailing what happened and why you believe your adverse employment action was politically motivated.

All of these forms of documentation will be critical for assessing your legal rights. If you don’t have documentation but believe that it exists, your federal employment attorney will be able to assist with obtaining the evidence needed to prove your claim after initiating the process with the OSC.

Coerced Political Activity (or Attempted Coercion)

Along with prohibiting discrimination based on political affiliation, federal law also prohibits coerced political activity in federal workplaces. This includes attempted coercion—when federal employees refuse to be coerced into engaging in political activity against their will. Under 5 U.S.C. Section 2302(b)(3), it is also a prohibited personnel practice to:

“[C]oerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity.”

This means that if your federal employer (or anyone else employed by your federal employer) has attempted to coerce you into participating in partisan activities against your will, a federal employment attorney may be able to assist you with filing a complaint with the OSC in this scenario as well. If you refused to participate in a partisan political activity and were fired, demoted, reassigned or experienced any other adverse employment action as a result, you may be entitled to reinstatement, back pay with interest, and/or other remedies.

What to Do if You Experience Political Discrimination or Coercion as a Federal Employee

Given everything we have discussed thus far, what should you do if you experience political discrimination or coercion as a federal employee? In this scenario, you should:

1. Take Action Promptly

Any federal employee who has (or may have) any type of discrimination claim should take action promptly. Strict deadlines apply, and you do not want to run out of time to assert your legal rights.

2. Gather All Relevant Documentation and Take Detailed Notes

As mentioned above, you should do your best to gather all relevant documentation. You should also take detailed notes about why you believe you have a political discrimination claim.

3. Consider Your (Potential) Options

If you have a political discrimination claim, you may have a handful of options when it comes to the remedies you can seek. You should think carefully about whether you want to remain in (or resume) your federal employment or focus on seeking financial compensation.

4. Learn More About Filing a PPP Complaint with the OSC

Now is a good time to learn more about the PPP complaint process as well. The OSC’s Policies and Procedures are a good place to start.

5. Talk to a Federal Employment Attorney

To give yourself the best chance of securing a favorable result, you will need an experienced federal employment attorney on your side. We recommend speaking with an attorney as soon as possible.

Request a Consultation with a Federal Employment Attorney at The Law Firm of J.W. Stafford

If you believe that you are a victim of political discrimination or political coercion as a federal employee, a federal employment attorney at our firm can explain everything you need to know. To schedule an appointment with an attorney at The Law Firm of J.W. Stafford, please call 410-514-6099 or request a consultation online today.