The Civil Service Reform Act of 1978 was significant because it

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About the CSRA and Why It Was Needed

The Civil Service Reform Act of 1978, or CSRA, was created in order to provide federal managers with the flexibility to improve Government operations and productivity while protecting employees from unfair or unwarranted practices. This federal law established the merit system principles (MSPs) and prohibited personnel practices (PPPs) that serve to protect federal employees and applicants for federal employment. The law abolished the U.S. Civil Service Commission, which was a government commission tasked with overseeing the merit-based selection system for federal civil service employees. The CSRA replaced the Civil Service Commission with three new independent agencies:

• The Office of Personnel Management (OPM)

The U.S. Office of Personnel Management (OPM) serves as the chief human resources agency and personnel policy manager for the Federal Government. OPM provides human resources leadership and support to Federal agencies and helps the Federal workforce achieve their aspirations while serving the American people. It also manages the U.S. civilian service.

• The Merit Systems Protection Board (MSPB)

The mission of the Merit Systems Protection Board (MSPB) is to protect the merit system principles and promote an effective federal workforce free of prohibited personnel practices. The Merit Systems Protection Board hears appeals from federal employees and studies federal merit systems in an effort to protect the rights of federal employees.

• The Federal Labor Relations Authority (FLRA)

The purpose of the Federal Labor Relations Authority (FLRA) is to provide a collective bargaining framework for various classifications of federal service workers. The FLRA is involved in every aspect of the labor management relationship that exists between the federal government and its workers.

The CSRA is so important because it was one of the largest reforms in Federal personnel regulations since the Pendleton Civil Service Reform Act of 1883. The Pendleton Civil Service Reform Act provided for selection of some government employees by competitive exams instead of ties to politicians. This act made it illegal to fire or demote certain government officials for political reasons.

What Is Title 5 of the United States Code?

The CSRA is codified in scattered sections of Title 5 of the U.S. Code. Title 5 of the US Code is a positive law title of the United States Code. The term positive law refers to laws that require a specific action. In this case, this action is about protecting government organizations and employees. When we talk about title 5 jobs, we are referring to employees who are considered National Guard Civilians. Some employees are also considered “hybrids.”

These individuals are covered by Title 5 for performance appraisals and adverse actions, and they are covered by Title 38 for appointments and pay matters. Title 38 is a special pay authority used to recruit and retain employees in certain healthcare occupations. As a Title 38 hybrid employee, you are employed under a combination of Title 5 and Title 38 personnel systems.

The CSRA directly protects government operations and employees who are impacted by them, and The Law Firm of John P. Mahoney, Esq., Attorneys at Law works to make sure protections like these are enforced. If you are a federal employee who is facing employment discrimination or another type of workplace injustice, we would he honored to represent your needs and advocate for your rights.

Do you need help from a lawyer, or are you interested in learning more about federal employment law? Call The Law Firm of John P. Mahoney, Esq., Attorneys at Law at (202) 759-7780 or contact us online.

The U.S. Merit Systems Protection Board (MSPB) is an independent agency in the Executive branch that serves as the guardian of Federal merit systems. The Board was established by Reorganization Plan No. 2 of 1978, which was codified by the Civil Service Reform Act of 1978. The mission of the MSPB is to “protect the merit systems principles and promote an effective Federal workforce free of Personnel Practices.”

In order to enforce this standard, the MSPB released the merit system principles. The merit system principles are the public’s expectations of a system that is efficient, effective, fair, open to all, free from political interference, and staffed by honest, competent, and dedicated employees. Section 2301 of Title 5, United States Code states that federal personnel management should be implemented consistently with the following principles:

• All employees and applicants for employment should receive fair and equitable treatment in the aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
• Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector. Appropriate incentives and recognition should be provided for excellence in performance.
• Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society. Selection and advancement should be determined solely on the basis of relative ability, knowledge, skills, after fair and open competition that assures all receive equal opportunity.
• All employees should maintain high standards of integrity, conduct, and concern for the public interest.
• The Federal work force should be used efficiently and effectively.
• Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
• Employees should be retained on the basis of adequacy of their performance. Inadequate performance should be corrected and employees should be separated who cannot or will not improve their performance to meet required standards.
• Employees should be protected against arbitrary action, personal favoritism, or coercion for partisan political purposes and prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
• Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences a violation of any law, rule, regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health and safety.

These principles are so important because they provide delegation, accountability, empowerment, and flexibility, four qualities that are essential for a functioning federal workplace. It is up to the managers within the organizations to facilitate these principles.

Merit System Principles and OSC Complaints

When a federal employee, applicant, or former employee files a complaint with Office of Special Counsel (OSC) alleging that a prohibited personnel practice (PPP) occurred, OSC assigns the case to an examiner. A violation of merit system principles is a valid reason for an employee to file an OSC complaint. One of the most common reasons OSC complaints are filed is due to discrimination against an employee or applicant based on race, color, religion, sex, national origin, age, disability (or handicapping condition), marital status, or political affiliation.

The Merit Systems Protection Board offers whistleblower protection against reprisal for individuals who disclose wrongful conduct in an attempt to create a more effective civil service. Whistleblowers are doing their part to create an effective civil service because they are in the bet position to witness agency wrongdoing, and our team is here to help them in this goal.

At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, we can represent and advise federal employees who need to file a complaint with the OSC, including violations of merit system principles. We support your due diligence in this process and want to help make it as simple as possible. We will help you file the correct paperwork and make sure you are presenting your points properly for the investigation. If you find yourself in the unfortunate situation of needing to file such a complaint, for a merit system violation or any other reason, we want to make sure your best interests are protected.

To learn more about the merit system principles and how you would file an OSC complaint, call The Law Firm of John P. Mahoney, Esq., Attorneys at Law at (202) 759-7780 or contact us online.

In a landmark decision, the US Supreme Court recently extended Title VII protections for workers under the Civil Rights Act to LGBTQ+ employees. Activists in the LGBTQ+ community have pursued the decision, which affects employees in both private and public workplaces, for decades. Today, we're covering the case in detail (and what it means for employees).

At John P. Mahoney, Esq., Attorney at Law, we work with federal employees to resolve employment disputes.

To schedule a consultation with our team and discuss your case with an experienced attorney, contact us online or via phone at (202) 759-7780.

What Is Title VII?

According to the US Equal Employment Opportunity Commission, Title VII of the Civil Rights Act "prohibits employment discrimination based on race, color, religion, sex and national origin."

The Civil Rights Act, passed in 1964, is a key piece of legislation that aims to prevent discrimination both in and out of the workplace. The act was originally passed as part of the Civil Rights movement spearheaded by activists such as Martin Luther King Jr.

Since the act passed, Title VII protections have been extended to various demographics. For example, another ruling on Title VII extended protections to pregnant women, making it illegal for employers to refuse employment to or fire a pregnant woman due to her pregnancy.

Title VII and LGBTQ+ Employees

For decades, activists have argued that Title VII protections should also extend to LGBTQ+ employees. On June 15, 2020, the US Supreme Court agreed, ruling in a 6-3 decision that "an employer who fires an individual merely for being gay or transgender defies the law." Conservative Justice Neil Gorsuch and Chief Justice John Roberts ruled with the Court's four liberal justices on the case.

Writing the Court's majority opinion, Gorsuch stated that "it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex," and therefore violating the terms of the Civil Rights Act.

Dissenting justices argued that "sex" as defined in Title VII should apply to the gender disparity between male and female genders, and as such, would not be applicable to LGBTQ+ individuals. Gorsuch pushed back, stating that if an employer fires a male employee for being attracted to a man but would not fire a female employee for the same preference, the employer's action discriminates against the gay employee based on their sex.

Gorsuch also pointed out that previous rulings on the Act have viewed the term "sex" from various angles, using the protections afforded to women who have children under the Act as an example. While Gorsuch also acknowledged that some employers may have religious objections to LGBTQ+ employees, the Court refuted the opinion that those objections should change its ruling.

While the ruling does represent another triumph by the LGBTQ+ community in the Court after the legalization of gay marriage, it's important to note that it does come with caveats. For example, Gorsuch indicated that employers might be able to push back against hiring LGBTQ+ individuals for religious under the Religious Freedom Restoration Act.

For private and federal LGBTQ+ employees, the ruling is still a victory. It opens up more options for LGBTQ+ employees who are discriminated against in the workplace—for example, an employer who refuses to use their employees' preferred pronouns could now convincingly be sued for discrimination.

At John P. Mahoney, Esq., Attorney at Law, we can help you resolve your employment discrimination case. We'll work with you to protect your rights and pursue an optimal outcome in your case.

To schedule a consultation with our team, contact us online or via phone at (202) 759-7780.

In recent months, workers in industries in markets across the US and world at large have keenly felt the impacts of COVID-19. More than 40 million Americans filed for unemployment benefits due to the pandemic's economic ramifications, and those who remain employed find themselves working from home or taking precautions against the virus in their workplaces. Federal employees are no exception to the rule—which is exactly what we're discussing today.

At John P. Mahoney, Esq., Attorneys at Law, we help provide high-quality legal counsel for federal employees.

To schedule a consultation with our team or learn more about our services, contact us online or via phone at (202) 759-7780.

How Many Federal Employees Have Contracted COVID-19?

As of July, over 39,000 federal employees tested positive for COVID-19—around 1% of the total federal workforce. Of that total, 19,000 are military members, while 10,000 act as civilian employees. While we lack specific numbers, it's probably safe to say that more employees have contracted the virus since then, judging by how the number of cases in the US continues to rise.

Do Employees Who Contract COVID-19 Get Compensation?

Federal employees who contract COVID-19 while at work are eligible for workers' compensation. Since the government recognizes that it's difficult for workers to prove they contracted the virus due to their job, federal employees who must interact with members of the public consistently (police officers, first responders, public health and medical personnel, etc.) have more lax requirements for receiving worker's compensation. The government also urges federal employees in these positions to take precautions against the virus.

In an effort to make things easier for federal employees acting as parents, federal employees with school-aged children can take two weeks of partially paid leave if their child's daycare or school is unavailable due to COVID-19.

Workers who contract COVID-19 and take time off work to recover must have a doctor's note certifying their fitness to perform their job before returning to the workplace. Employers can screen employees entering buildings for signs of COVID-19, since an individual with the virus may post a direct threat to other employees and operations in the building. Additionally, employers can ask employees if they're feeling any symptoms consistent with the virus and must ensure any tests taken are accurate before taking action.

How Is the Government Helping Federal Employees Stay Safe?

In light of COVID-19, many federal agencies have taken the same steps as technology giants such as Twitter and Facebook, allowing employees to work from home when possible.

A survey of federal workers in September found that the vast majority assume they'll continue to work from home for another three to six months—around when the next presidential term starts, or soon after.

Surprisingly, in the same survey, federal employees overwhelmingly cited their belief that politics and operations would be the deciding factors for whether or not they continued to work from home. Around 53% of respondents stated that the pandemic has a minimal or no impact on their operations, a significant increased from April when just 15% of employees agreed with that statement. It's an indicator that many agencies have smoothed out their work from home policies and operations, and federal employees are more comfortable being out of the office for an extended period of time as a result.

Employer Harassment During COVID-19

Employers cannot discriminate against employees due to their origin, race, or other protected characteristics under Title VII of the Civil Rights Act.

If your employer discriminates against you because of a protected characteristic you exhibit, you could have a discrimination case on your hands. At John P. Mahoney, Esq., Attorney at Law, we'll help you pursue your federal employment case and protect your rights, providing you with high-quality legal counsel throughout the entirety of your dispute.

To schedule a consultation with our team and speak about your case with an experienced federal employment law firm, contact us online or via phone at (202) 759-7780.

With almost a million confirmed and presumptive cases, the novel coronavirus COVID-19 has impacted the lives of every single person. “Stay at Home” orders have been put in place in order to slow the spread of the virus and keep people safe. However, many federal employees do not have this option; thus, putting them at greater risk of contracting COVID-19 and spreading it to others.

Many federal employees are considered essential employees, which means they must do their duties in their offices. Because these jobs require federal employees to work in close proximity to the public, they are on the front lines of being exposed to the virus.

Since there is a potential risk associated with performing these job duties, can federal employees obtain additional pay for putting their lives in danger? The attorneys at John P. Mahoney, Esq., Attorneys at Law explain what options there are for federal employees during this unprecedented situation.

What is Hazard Pay?

Every day, thousands of government employees risk their health while at work. According to the Office of Personnel Management (OPM), certain employees can obtain additional pay for the performance of hazardous duties or duties involving physical hardship through hazard pay, or environmental differential pay. General Schedule (GS) employees and prevailing rate or wage grade employees that do not have prior hazardous conditions listed in their job classification are eligible to receive hazard pay.

To be eligible for the hazard pay differential, the agency must determine that the employee is exposed to a qualifying hazard through the performance of his or her assigned duties and that the hazardous duty has not been taken into account in the classification of the employee’s position.

Hazard Pay for Federal Employees Due to COVID-19

Federal employees who have been exposed to COVID-19 due to work, they may be able to qualify for hazard pay. In Appendix A of the Code of Federal Regulations, GS employees may receive additional pay if it is the code’s list of approved hazard pay differentials. One of the listed conditions states that a 25% hazard pay differential is authorized for employees exposed to “virulent biologicals.”

Exposure to virulent biologicals happens when someone is working with or in close proximity to materials of micro-organic nature that are likely to cause serious illness or death when introduced into the body.

The agency will have to prove that the employee was exposed to the qualifying hazard due to performing their job duties and that the hazardous duty hasn't been taken into account in the classification of the worker’s position. Hazard pay is not awarded if the agency has safety precautions in place that significantly reduce the risk of exposure to the hazardous element.

According to the OPM, “Federal Wage System (FWS) employees may not receive an environmental differential for incidental exposure to the pandemic COVID-19.” This is because the environmental differential for wage grade employees is additional pay for work-related exposure to hazards, physical hardships, or severe working conditions that cannot be reduced or eliminated by preventative measures. The environmental differential isn’t meant to be used for compensating employees for exposure to a safety risk unrelated to their assigned duties.

Unfortunately, there is no authority in the hazardous duty pay or environmental differential statutes that state if potential exposure is an eligibility requirement for hazard pay. The local agency must be able to find credible evidence that shows exposure occurred due to the duties the employee must perform in order to do their job.

To determine whether an employee will receive hazard pay, the agency will be responsible for deciding if the employee’s work duties meet the requirements. Typically, agencies will decide this on a case-by-case basis with the help of occupational safety and health experts.

Protecting Federal Employees

Federal employees are jeopardizing their health to ensure our country keeps running. If you are not receiving hazard pay even though you meet the qualifications, the attorneys at John P. Mahoney, Esq., Attorneys at Law are here to defend your rights and help you obtain the compensation you deserve.

To discuss your legal rights as a federal employee, call John P. Mahoney, Esq., Attorneys at Law today at (202) 759-7780.

Under the Federal Employees Retirement System (FERS), you can retire when you are 56 years and 2 months old after you have completed at least 30 years of service. If you are a civil servant who has completed at least 30 years of service, you may be able to retire at age 55.

Early retirement may be available in certain situations, but only after 25 years in service – or 20 years in service if you are 50 or older.

Unfortunately, many people face a disabling medical condition before they are of retiring age. If you have completed 18 months of service and become disabled while employed in a position subject to FERS, you may be eligible for federal disability retirement benefits. These benefits apply at any age – as long as you meet certain requirements.

What Is the Federal Employees Retirement System?

FERS is a 3-pronged retirement plan for federal employees that is determined by your age and years of creditable service. It consists of a Basic Benefit Plan, Social Security, and a Thrift Savings Plan, and your Social Security benefits and Thrift Savings can follow you to another job.

Usually, you must be at least 55 to retire, but most retirement plans kick in at age 62. If you are disabled, the age limits for FERS may not apply.

What Are the Requirements for Disability Retirement?

You only become eligible for federal disability retirement if your agency cannot retain you in any productive capacity. If you are struggling with a disabling injury or illness, alert your employer right away and provide them with complete documentation of your medical condition.

From there, your agency will try to accommodate you or reassign you to another department. If this is not possible, you may be eligible for disability benefits. However, you must still meet the other eligibility requirements:

• You have completed at least 18 months of federal civilian service creditable under FERS
• You have become disabled due to disease or injury while serving in your current position
• You expect your disability to last for at least 1 year
• Your agency has considered accommodations and reassignment
• You or your representative must apply before you stop working or within 1 year of the date you stop working
• You must apply for Social Security benefits

Additionally, you must complete all relevant firms, including an Application for Immediate Retirement, Documentation in Support of Disability Retirement, and documentation of your Social Security application.

Your employer can help you with these forms before you stop working or for up to 31 days afterward. Otherwise, you will be responsible for submitting the form within the first year of your disability.

Like other insurance plans, FERS may require you to complete periodic medical exams to confirm your disability and keep your disability benefit. If you recover or find a job that pays you at least 80% of your federal salary, your disability benefits may be terminated, but they can always be reinstated if your condition recurs or you no longer exceed the 80% earning limit.

If you seek disability retirement before you are of retirement age, your benefits may be recalculated when you turn 62.

For more about disability retirement, visit the U.S. Office of Personnel Management’s website (opens a link in a new window).

What If My Request for Federal Retirement Benefits Is Denied?

If your request for federal retirement benefits is denied, you have 30 days to request a reconsideration. Often, updating your record can help you get the benefits you need. If this does not work, you can try your case before the Merit System Protection Board (MSPB) or escalate your case to federal court.

You should not go beyond a request for reconsideration without having an attorney to help you present your case. The process is complicated, and you need an advocate to guide you through.

With over 25 years of experience in federal employment law, The Law Firm of John P. Mahoney, Esq., Attorneys at Law can help you recover the retirement benefits you need.

To learn more about what our team can do for you, please call us at (202) 759-7780 or contact us online.

Yes, working for the Census Bureau is a federal job, but it does not violate the dual employment statute (5 USC 5533) that prevents federal employees from working for 2 federal agencies. As such, someone who holds a job with the U.S. government can also become a census collector every 10 years during the United States Census. Federal employees may work for the census to earn extra money and be a part of history.

Do I Need a Security Clearance to Work the Census?

To work the census, you will need to pass a background check – and possibly a background investigation. Nevertheless, background checks and background investigations do not rise to the level of a security clearance, so you do not need a security clearance to work the census.

What Are the Benefits of Working for the Census?

Census takers are temporary employees, so they do not have access to the benefits and perks offered to full-time employees. Working for the census, however, will not affect your eligibility for public assistance benefits. Being a census collector is a good way to make extra money, and your hours are flexible. After working for the census, you may be eligible for unemployment insurance, as well.

Many employees start working for the census on a temporary basis and apply for full-time positions afterward. The Census Bureau is the world’s premier statistical agency and provides equal opportunities for employment.

Can I Work the Census if I am Not a U.S. Citizen?

In recent census counts, census takers could be legal permanent residents or non-citizens with work visas and bilingual skills. Unfortunately, in 2020, the Trump Administration limited eligibility for non-citizen census takers.

Outlets like The Washington Post have expressed concerns about this decision making the count less accurate. Ultimately, your ability to work the census if you are not a U.S. citizen will depend on the current political situation – and whether or not the Office of Personnel Management is granted a waiver for hiring non-citizens.

Is Working for the Census Safe?

Working as a census taker usually entails going door-to-door in your community. According to the Census Bureau:

“Interviewers and census takers are trained and equipped to safely conduct in-person interviews.”

Still, some census workers encounter hostility, and employees occasionally get into car accidents. One census taker was infamously mauled by dogs, and another had a stroke on the job. In 2020, census workers had to worry about exposure to COVID-19, as well.

Despite all this, working for the census is generally safe. Additionally, census workers are covered by workers’ compensation, so if they get sick or injured on the job, the government will pay their medical bills and missed wages.

Most people have a positive experience working for the census. Census takers often work in their own neighborhoods, so they get to explore their surroundings and connect with people in their communities. Further, the census only occurs every 10 years, so census workers get to be part of U.S. history.

What If Something Goes Wrong

Federal employers are held to high standards because they represent the federal government. If you are harassed, discriminated against, or otherwise wronged while working for a federal employer, lawyers like the ones at The Federal Employees Law Firm of John P. Mahoney, Esq., Attorneys at Law in Washington, D.C. are here to help.

We have over 25 years of experience helping federal employees defend their rights – at all levels of the government.