Feb 28, 2024 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Federal Employees & Working Remote

The COVID-19 pandemic started a revolution in how people carried out their work. That revolution extends to the federal government. Federal employees working from home or seeking remote work arrangements are the front-line soldiers of this change. However, changes are occurring so rapidly that it’s difficult to stay ahead of all the developments.Fortunately, our team at the Federal Employment Law Firm of Aaron D Wersing, PLLC, works hard to maneuver through these evolving environments. Our objective is for every federal employee to understand their rights, responsibilities, and opportunities regarding remote work. We’ll cover these issues in this piece. If you have additional questions or are one of the many federal employees seeking remote work, give one of our quality federal employment attorneys a call today.  What Is Remote Work, and How Does It Differ from Telework? Remote work is a permanent working arrangement where you work on a full-time basis from an alternative work site rather than an office or traditional workplace. Generally, the remote work location is your home. In a remote work arrangement, your agency cannot require you to report to the traditional worksite on any regular or recurring basis. Furthermore, your remote workplace doesn’t have to be in the local commuting area of your agency’s traditional office.  By contrast, telework is a flexible work arrangement where you can perform your duties from an approved alternate worksite, usually on a part-time basis. While you can still use your home as your alternate telework worksite, you have to remain within the local commuting area of the agency’s main office.  Are There Remote Work Benefits for Employees in the Federal Government? Absolutely. Remote work offers several benefits for federal employees. These include increased flexibility, reduced commuting time and costs, and a better work-life balance. In addition, it allows employees to design a work environment tailored to their personal productivity preferences. Consequently, remote work employees usually enjoy enhanced job satisfaction and efficiency compared to their teleworking and in-office counterparts. That said, remote work is not a universal benefit or right for all federal employees. Its availability varies from one agency to another. Agencies can also remove existing remote work arrangements for valid business considerations.  Which Federal Agencies Allow Remote Work? If you want to learn more, you can visit the website of the Office of Personnel Management (OPM). Remote work for federal employees and related frequently asked questions are discussed in detail on their site. But generally, many federal agencies have embraced remote work to some degree or another, including the Environmental Protection Agency, the Department of Defense, and the Equal Employment Opportunity Commission. However, not all positions or offices have the same liberal attitude toward remote work. Agencies retain the discretion to decide whether to offer remote work options and determine employee eligibility according to performance and operational needs. Due to the quickly changing nature of the attitude toward remote work, there isn’t an exhaustive list of agencies that offer it. You should contact an agency’s human resources department to obtain the most up-to-date information.  Can I Request Remote Work As a Reasonable Accommodation? Yes. Federal employees can request remote work as a reasonable accommodation under certain circumstances. First, you must have a qualifying disability under the Americans with Disabilities Act (ADA). Second, you need to show that remote work would help you perform the core duties of your essential position with your limitations. Third, you will have to produce adequate medical documentation to support the need for accommodation. Finally, you must be ready to engage in an interactive process with your employer to determine if remote work is feasible for your agency.  Have More Questions About Remote Work? Give Us a Call Today. As the federal workforce continues to adapt to the increasing demand for flexibility and remote work opportunities, federal employees need to stay informed about their rights and the policies governing this type of work within their agencies. Whether you’re exploring the possibility of remote work as a reasonable accommodation or seeking to understand more of the rules surrounding remote work, the Federal Employment Law Firm of Aaron D Wersing, PLLC, is here to guide you. Our expertise in federal employment law positions us to provide unparalleled advice and support as you explore your legal options. Furthermore, we can represent you in a variety of legal situations if your employer violates your rights. Set up an initial consultation with us today by calling us or reaching out online. 

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Jan 24, 2024 | By Aaron D. Wersing | Read Time: 4 minutes | Whistleblower Claims

Is Nepotism Illegal in the Federal Workplace?

The word “nepotism” refers to favorable treatment towards an individual in the workplace because of their familial connection. Few people know what nepotism looks like, and even fewer know about the legality of nepotism in the federal workplace. This is completely understandable, given that nepotism is not as well-known as race or age discrimination.  Nonetheless, it’s vital you understand the truth about nepotism because it can have destructive effects on your career.  Clients occasionally ask us, Is nepotism illegal in the workplace? The answer is yes. House rules prohibit Members from hiring their relatives to serve on personal, committee, or subcommittee staff they chair. In this article, we’ll discuss the official definition of nepotism, as well as the applicable federal employee nepotism laws that prohibit it. If you think you or a loved one are experiencing nepotism, contact our talented federal employment attorneys today.  Nepotism: Definition and Applicable Federal Employee Nepotism Laws The word nepotism originates from the Latin word for nephew. 5 U.S.C. § 2302(b) defines nepotism as the appointment, employment, promotion, or advancement of any individual who is a relative to a civilian position within the federal government. 5 U.S.C. § 3110(a)(3) defines a relative as any of the following:  Although grandparents and grandchildren are technically left out of this definition, advocating for appointing them to a federal position would likely run afoul of ethics regulations.  The chief law that applies to nepotism is the Civil Service Reform Act of 1978, which is the foundational law for the modern federal civil service. However, it is also prohibited by 5 C.F.R. § 2635. This statute outlines the standards of ethical conduct for federal employees. Finally, 18 U.S.C. § 208 renders nepotism a criminal act in situations where a federal official participates in a matter in which they have a personal financial interest. Nepotism and word-of-mouth hiring can serve as indicators of discrimination in a predominantly white workforce. While nepotism may violate state and federal employment antidiscrimination laws, it does not always do so. Is Nepotism Illegal in Government Workplaces?  To put it simply, yes. Nepotism is illegal in certain cases, such as government jobs with anti-nepotism laws. It can also lead to lawsuits if it causes discriminatory practices. Title VII of the Equal Employment Opportunity laws prohibits discrimination based on race, religion, color, national origin, or sex. This prohibition aims to uphold the integrity of the federal civil service. It further attempts to guarantee that employment decisions are predicated on a person’s merit and qualifications rather than their familial connections.  It’s also worth noting that nepotism is a prohibited personnel practice. That means that any employee who witnesses nepotism in a government space can file a complaint with the Office of Special Counsel (OSC). Filing a complaint makes you a federal whistleblower and protects you from any act of retaliation.  Nepotism vs. Cronyism People often confuse nepotism with its equally shady cousin, cronyism. While they’re branches of the same unsavory tree, there are subtle differences between them. Let’s briefly explore the differences. Nepotism As we discussed earlier, nepotism is all about family. It takes place when someone in a position of authority in a federal workplace gives preferential treatment to their relatives. One example would be hiring your brother for a role he’s not quite cut out for. Another example would be promoting a cousin over more qualified candidates. It’s the family ties that bind in nepotism. Cronyism Instead of family, cronyism is all about friends and associates. Cronyism occurs when someone in power favors friends or acquaintances, offering them jobs or promotions because of their personal relationships rather than their qualifications. We’ve all heard the old adage, It’s not what you know, but who you know. Cronyism would be the extreme version of that adage coming to life. Yet while American legal and ethical standards have always frowned upon nepotism, cronyism has been somewhat more common in this nation’s history. Nonetheless, cronyism is unacceptable under federal ethics standards. Are You Witnessing Nepotism In Your Federal Workplace? Take a Stand with the Federal Employment Law Firm of Aaron D Wersing PLLC.  Whether it takes the form of nepotism or cronyism, favoritism has no place in the federal workplace. Only a person’s merit and performance at work should control their position in the government. If you think you might be a witness to nepotism in your workplace, take action today.  Before you take action, it’s prudent to consult with a federal employment attorney. They can help you make sense of what you’re experiencing, confirm whether the behavior is nepotism, and present you with your legal options. If necessary, a federal employment attorney can help you prepare and file a complaint with the OSC to correct the situation.  Don’t just trust any law firm to represent you. Instead, go with a firm that is deeply knowledgeable about federal employment issues. The team at the Federal Employment Law Firm of Aaron D Wersing PLLC, only practices federal employment law. We won’t make rookie mistakes like other firms. Instead, you can rely on us to provide top-notch legal representation and first-rate customer service. Call us today or reach out to us on our website to set up your initial consultation.

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Dec 19, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How to Prove Wrongful Demotion As A Federal Employee

If you have suffered an unfair demotion at work, then a wrongful demotion lawsuit will be your best bet for clearing your name and getting your career back on track. But before you begin your lawsuit, it’s vital to know how to prove your claims. As Sun Tzu once wrote, “Victorious warriors win first and then go to war.” There are two primary ways to prove wrongful demotion as a federal employee. The first is by showing that the government did not have just cause to remove you. The second way is by proving that your employer demoted you for illegal reasons, like discrimination or retaliation. Read on to learn more about these pathways and their respective legal requirements. If you have more detailed questions after reading this article, contact one of our outstanding federal employment attorneys.  How to Handle an Unfair Demotion Handling an unfair demotion is difficult under any circumstances. However, your strategy depends on how far along you are in the disciplinary process. As a brief reminder, there are three main stages of the disciplinary process:  1. Responding Before Your Employer Officially Proposes a Demotion Many employees have no idea that their employer is about to propose their demotion. However, there are other situations where you know that some kind of action is coming. If you are currently in this situation, make sure you document all interactions with your employer. Save copies of any relevant emails and journal any notable conversations. Continue doing this throughout every part of the disciplinary process.  Furthermore, consider scheduling a meeting with your supervisor or human resources team to discuss the alleged issue and potential alternatives. Hiring a legal representative for this kind of meeting can be a great way to show your employer that you want to resolve the situation and are willing to stand up for your rights. With timely action, many disciplinary actions can be delayed or even canceled. 2. Responding at the Proposal Stage By now, your employer is officially attempting to remove you. Fortunately, the law provides you with several protections. Due process requires that your employer first give you 30 days advance notice of its intent to demote you. They must do this in writing via a proposal letter. A proposal must include the following information to meet due process requirements: Make full use of all of these rights. Check whether the proposal letter meets all due process requirements. After that, carefully review the evidence. Does the proposal include objective evidence or just second-hand eyewitness accounts? Does anything suggest that you are getting treated differently than your colleagues?  Next, hire a legal advisor to help you craft a thorough oral and written reply. This reply may prove vital in convincing the deciding official not to demote you. 3. Responding After the Final Decision Letter After a minimum of 30 days, your employer will issue a final decision letter. In this letter, the deciding official can either uphold the penalty, mitigate it, or cancel the action entirely.  If you have received a decision letter upholding the unfair demotion, then you have the right to appeal the action to the Merit Systems Protection Board  (MSPB). Appeal your unfair demotion with the board within 30 days of the decision letter date. After that, hire an attorney to discuss how you will argue your case.  Legal Standards at an MSPB Hearing In an MSPB hearing, the burden is on your employer to justify their actions. If the demotion was related to misconduct, then your employer must prove by a preponderance of the evidence that you committed the alleged conduct. They must also demonstrate that there is a nexus between your alleged misconduct and the efficiency of the federal service. If they cannot meet this burden, then the judge will overturn or mitigate your demotion. Even if the agency meets its burden, you have the opportunity to defend yourself by raising affirmative defenses. There are two main types of affirmative defenses: You can also argue that the agency’s decision was not in accordance with the law in some other way. If you can prove your affirmative defense by a preponderance of the evidence, then you will prevail even if the agency proves you committed the alleged misconduct. Can There Be Compensation for a Wrongful Demotion? Yes. If you succeed in your appeal, the MSPB can award you back pay, compensatory damages, and attorney’s fees. It can also reinstate you in your previous position. Contact Our Federal Employment Attorneys to Help You Handle Your Unfair Demotion Here at the Federal Employment Law Firm of Aaron D. Wersing, each one of our attorneys has a proven track record of effective litigation on behalf of federal employees. We’ve tackled all kinds of MSPB appeals, including ones for unfair and improper demotions. Thanks to our experience, we can work with you to identify an effective litigation strategy that maximizes your chance of a successful appeal. Along the way, we’ll provide you with sterling client service. Reach out to us today to schedule an initial appointment. 

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Dec 15, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

PTSD Reasonable Accommodations for Federal Employees

Once called “shell shock” or “battle fatigue” because of its association with the trauma of military combat, post-traumatic stress disorder (PTSD) has emerged as a growing mental health issue across the country. Statistics from the National Institutes of Health suggest that almost 4% of the U.S. adult population grappled with PTSD within the last year. Characterized by recurring nightmares, flashbacks, and an aversion to certain stimuli, PTSD is not merely a psychological abstract. It’s a tangible disruptor of everyday functionality. The good news for federal employees with PTSD is that they have a right to reasonable accommodation through the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). In this piece, we’ll unpack PTSD’s status under the Rehab Act and the ADA. We’ll also discuss PTSD reasonable accommodation examples. Contact our outstanding federal Equal Equal Employment Opportunity Commission (EEOC) reasonable accommodations lawyers to receive personalized legal advice.  Is PTSD an ADA Disability? “Is PTSD covered under the ADA” is probably your first question when it comes to this issue. It is undoubtedly the most common question we receive on this topic. The short answer is almost always yes.  Fully understanding this answer requires us to delve into the history of reasonable accommodation. The Rehabilitation Act of 1973 was the first law to obligate federal agencies to provide reasonable accommodation. However, there was some ambiguity on what constitutes a disability. While the ADA extended the rights to reasonable accommodation to private-sector employees, the controversy over the definition of a “disability” continued. Finally, Congress passed the ADA Amendments Act of 2008 (ADAAA) to expand the definition of disability and create a universally inclusive work environment. The ADAAA’s position is clear: any impairment that substantially impacting one or more major life activities warrants disability status. Given that major life activities include activities like working, thinking, and interacting with others, PTSD is undoubtedly a disability.  PTSD Reasonable Accommodation Examples Federal employees with PTSD have ample flexibility when it comes to requesting a reasonable accommodation. Ultimately, the best accommodation for you depends on your position’s core duties and specific symptoms. That said, here are a few PTSD reasonable accommodations: Curious to learn whether another kind of accommodation is possible for you? An experienced federal employment attorney can assist.  Requesting an Accommodation for PTSD: Simplicity in Action Submitting a reasonable accommodation request is refreshingly simple compared to other legal processes. All you have to do is make a simple statement that you need accommodation because of a mental or physical condition. A request could be something such as communicating that you need to work from home because of your PTSD symptoms. Once you share your need for an accommodation, you trigger an interactive process involving you and your employer. Both sides collaborate to find an ideal accommodation that meets your needs while not presenting an undue burden to your employer.    Are There Complex PTSD Accommodations? Yes. Many of the accommodations we mentioned earlier also suffice for complex PTSD (CPTSD). However, they’re not the only ones. Employees can request any accommodation that allows them to perform their job duties and is not an undue burden for their employer.  Start Your Reasonable Accommodation Journey with the Best Legal Team A qualified group of attorneys can help you transform your reasonable accommodation ideas into reality. Fortunately, our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, are ready and willing to partner with you.  When you work with us, we’ll help you submit your request and articulate your ideal accommodations. We can also interface with your healthcare team to collect compelling medical evidence. Then, we negotiate with your agency’s human resources or reasonable accommodation team. We’ll even initiate legal action to get you the reasonable accommodation you deserve.  Don’t wait. Start your journey towards a better work-life by calling us today or contacting us online.

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Nov 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Federal Employee Performance Improvement Plan (PIP)

Just like their private-sector counterparts, federal employees must meet performance standards. When federal employees fail to meet their performance standards, it can cost them their careers.  Unlike most private-sector employers, the government cannot simply fire federal employees when they begin to perform poorly. Instead, management must place the employee on a performance improvement plan (PIP). If the employee fails to perform adequately during the PIP, the agency can propose their removal from the federal service.  Read on to learn more about PIPs and how they can affect your career. We’ll discuss PIPs and the legal requirements your employer must meet when placing its employees on a PIP. If you have more questions or are in danger of going on a PIP yourself, consult an outstanding federal employment firm today. What Is a PIP? In contrast to private-sector employees, federal employees have due process rights for their jobs. This fact has enormous implications and gives federal employees significant protections. One of these protections is that agencies can only propose an employee for poor performance after the employee has: PIPs meet the second legal requirement. No adverse action is possible against the employee until they have failed the PIP.   What Should I Expect During a PIP? Let’s say your agency decides to place you on a PIP. The PIP process generally begins during a performance review. Your supervisor must inform you that your performance in one or more critical job elements is unsatisfactory. The supervisor will then issue you a letter informing you of your placement on the PIP. This letter will outline the length of the plan, your employer’s expectations, and the potential outcomes of the PIP.  During the PIP, your management will assign you tasks, monitor your performance closely, and provide continual feedback. Generally, supervisors will provide you with a written list of tasks for you to accomplish. They will then meet with you weekly to discuss what you did well and what you could improve. There are only two outcomes at the end of the PIP: success or failure. If you succeed, your agency cannot take any adverse action against you. If you fail, your agency can propose your demotion or removal. If your agency takes action against you, they must provide you with due process rights. These rights include at least 30 days’ advance notice, the right to respond, and the right to have a representative.  What Should I Do If I Receive a PIP? No federal employee wants a Performance Improvement Plan. If you do receive one, stay calm and read the letter thoroughly. Ensure the letter clearly identifies your performance failure, ties that failure to one or more critical elements of your job, and is consistent with your past performance reviews. Unclear or ambiguous PIPs can be indicative of illegal discrimination or harassment. Next, consult an attorney so you can understand the best path forward.   Performance Improvement Plan: Two Examples  Let’s consider two hypothetical PIP examples. Example #1: Larry’s Surprise Larry has worked for the Department of the Interior as an accountant for eight years. His performance reviews have always been acceptable, and he has received several awards during the past two years. At Larry’s last performance review, his manager told him that his performance in two critical elements of his job was unacceptable. He then gave Larry a PIP notice letter. When Larry asked for an example of the supposed performance failures, his supervisor said there were “countless examples” but refused to give details. Larry suspects that the PIP has to do with his decision to testify against his manager in an Equal Employment Opportunity Commission (EEOC) hearing three months ago.  Example #2: Lana’s Struggle Lana is a dedicated FBI agent with a strong record of success. However, she’s been struggling to complete her reports accurately after her mother died last year. Lana’s supervisor has repeatedly emailed her about obvious performance errors and mentioned that Lana was in danger of receiving an unacceptable rating in one of her core job duties. Consequently, it was no surprise when Lana received a PIP notice letter last week. When she reviewed the letter, she realized it was consistent with past feedback and clearly stated what Lana had to do to improve her unacceptable performance. She decided to get her act together. She hired a therapist to help her cope with the grief of her mother’s death and then dedicated herself to performing her PIP tasks correctly. Her hard work paid off, and she passed the PIP.  Don’t Fight a PIP on Your Own. Give Us a Call Today.   The Federal Employment Law Firm of Aaron D. Wersing, PLLC, is standing by to help you make sense of your PIP notice. When you consult us, we can analyze your letter, advise you of your legal options, and help you take the next steps. We strive to provide excellence in legal representation and first-class customer service. Let us help you today.  Call or visit us online to get started.

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Oct 13, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Workplace Discrimination

Pregnancy Discrimination Overview for Federal Employees

Treating a woman unfavorably because of pregnancy and childbirth has been against the law for decades. However, there are between 2,000 and 4,000 pregnancy discrimination claims annually in the federal workplace. While pregnancy discrimination may seem explanatory to some, it’s wise to educate yourself on what it is. Education is important if you or a loved one are facing pregnancy discrimination in the workplace.  As dedicated federal employment attorneys, it is our honor and passion to educate workers on every aspect of their rights. Read on to learn more about pregnancy discrimination in the workplace. We’ll cover the definition of pregnancy and relate the laws that protect pregnant women. Then, we’ll unpack how you can fight pregnancy discrimination.    If you still have questions about pregnancy discrimination or wish to consult an attorney, contact us right away.  What Is Pregnancy Discrimination? According to the EEOC, pregnancy discrimination occurs when employers treat women unfavorably because of pregnancy or childbirth. Pregnancy discrimination may also happen because of a pregnancy-related physical or mental disability, such as postpartum depression. The prohibition against discrimination extends to every aspect of employment. So, it’s discrimination if an employee faces negative consequences like termination or demotion because she’s pregnant or given birth. It’s also illegal for an agency to alter a pregnant woman’s work schedule, transfer her, or exclude her from meetings.    What Laws Prohibit Pregnancy Discrimination? Several laws interface together to prohibit pregnancy-based discrimination and harassment. These include: Pregnancy rights recently took a great leap forward with the passage of the Federal Employee Paid Leave Act (FEPLA). FEPLA grants new mothers and fathers up to 12 weeks of paid parental leave. Collectively, these laws give substantial rights to employees. And employers must always respect those rights.   How to Respond to Pregnancy Discrimination  Facing pregnancy discrimination at work? It’s tough, but here’s a step-by-step on how to handle it: Finally, take care of yourself. Pregnancy discrimination takes a toll. It’s essential to seek support, whether through friends or family. Your well-being is crucial. Defend Your Rights by Contacting Us Today Nobody ever imagines themselves having to deal with pregnancy discrimination. Therefore, it can be confusing and difficult to respond to. However, you’re not alone. A qualified attorney can partner with you to defend your rights and hold bad actors accountable.  At the Federal Employment Law Firm of Aaron D. Wersing, PLLC, we specialize exclusively in federal employment law. That means we’ve seen all kinds of discrimination cases, including pregnancy discrimination. On top of that, we’re passionate about defending federal employees against illegal workplace discrimination. So, let’s work together to make federal workplaces free from pregnancy discrimination.  Call us today or contact us online to set up a free initial consultation.

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Oct 11, 2023 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Reasonable Accommodation for Federal Employees

Reasonable accommodation is a vital resource for federal employees with a disability. And yet, it is far from being a straightforward area of law. Because of that complexity, it’s easy for unsavory federal employers to abuse their employees’ rights through jargon and misdirection. Alternatively, inept or misguided HR offices provide misleading and false information to employees with disabilities. Either scenario can lead to unfair treatment, discrimination, demotion, and removal.    The best way to prevent these outcomes is to educate yourself about reasonable accommodation for federal employees. We’ve written this brief article to help you on that journey. We’ll touch on the legal definition of reasonable accommodation and provide several examples. What Is Considered a Reasonable Accommodation? “Reasonable accommodation” is central to federal employment and the broader employment landscape. The EEOC’s definition is any modification or adjustment to a job or the work environment that enables a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Some basic tenets of reasonable accommodation include: In essence, reasonable accommodation ensures everyone, regardless of physical or mental limitations, has a fair shot at succeeding in the workplace. Reasonable Accommodation Examples    As mentioned before, reasonable accommodation is a workplace adjustment that helps employees with disabilities perform their jobs. Here are some examples to shed light on the concept: Finally, employers can consider transferring an employee to a similar position with duties that fit the employee’s limitations.  We Can Help You Obtain the Accommodation You Need Hopefully, you now have a general understanding of reasonable accommodation for federal employees and the underlying principles. That said, it can still be difficult and overwhelming to seek reasonable accommodation from your employer. Once you initiate a reasonable accommodation request, there are additional hurdles to overcome and dangers to avoid. Consequently, it’s prudent to enlist an attorney for assistance.    The Federal Employment Law Firm of Aaron D. Wersing, PLLC, focuses exclusively on representing public servants in federal employment cases. Thanks to decades of practice, we can help you obtain the results you need. In addition, we prioritize giving our clients outstanding customer service. We want you to feel like a person, not a number. Together, we can help you obtain the accommodation you need to succeed. Just reach out to us to set up a free initial consultation.

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Aug 15, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

How to Prove Disability Discrimination

The government has passed many laws over the years to eliminate discrimination against people because of their disabilities. Disability discrimination is illegal under the Americans with Disabilities Act, yet this kind of discrimination happens all the time. If you become the victim of disability discrimination, it can easily turn your life upside down.  Sometimes disability discrimination is obvious. Other times, it can be hard to prove without professional legal help. In this article, we’ll review the most common kinds of discrimination. We will also discuss several possible ways you can prove disability discrimination. If you suffer from disability discrimination, do not wait for a supervisor or a co-worker to take action. Stand up for your rights and obtain compensation for your losses. Start the process today by reaching out to a veteran federal employment attorney right now.  Understanding the Two Types of Disability Discrimination The Disability Discrimination Act recognizes several forms of discrimination. The first kind is called disparate treatment. Disparate treatment occurs when a person with a disability is treated worse than other similarly-situated employees without a disability.  The second form of disability discrimination is harassment. Harassment encompasses a variety of actions that can collectively create a hostile working environment.  Two Examples of Disability Discrimination Disability discrimination can come in all shapes and sizes. Here are just two hypothetical scenarios. Disparate Treatment Example #1 Oliver, who has vision difficulties, works as an accountant for a federal agency. Like most agencies, his employer is embracing a hybrid telework model. This means all employees need to work two days per week at the office. However, shortly after the new work schedule starts, Oliver’s boss tells him that he needs to come into the office four days a week. The supervisor claims that everyone else in the office will also need to come in four days a week. After a few weeks, Oliver notices that only employees with medical or physical conditions are in the office four days a week. When Oliver confronts his supervisor about it, the supervisor says that he asked the disabled employees to come into the office more so that they could receive better office support. Disparate Treatment Example #2 Cindy is a security officer for the Department of Homeland Security. As a security officer, she patrols a top-secret facility every night. Cindy discovers that she has diabetes and informs her supervisors. She also asks to be able to eat a snack during her work shift so she can maintain her blood sugar. After she makes her request, her bosses take her off patrol duty and assign her a desk job within the department.  Other Examples of Disability Discrimination Both of these examples constitute textbook disparate treatment disability discrimination. It does not matter whether a supervisor thinks they are doing a disabled employee a favor by treating them differently. Lightening a disabled person’s job simply because they are disabled is just as illegal as firing them or transferring them because of their condition. And simply because a federal employee requests reasonable accommodation does not mean their job duties should be changed.  Other ways disparate treatment disability discrimination manifests include: Most of the time, managers try to cover up discrimination by claiming it is a “routine office practice” or asserting that your job performance is inadequate. However, an experienced disability discrimination attorney can help you hold bad actors responsible in court.  Disability Harassment Examples Disability harassment is any unwelcome or offensive behavior that is related to your disability. To succeed in a harassment case, you need to prove that the harassment is sufficiently severe or pervasive to create a work environment that the average person would find intimidating, hostile, or offensive. Very rarely, one act of harassment can meet the “severe or pervasive standard.” That said, harassment usually consists of many actions over time. Here are just a couple quick examples: If you’re encountering this kind of behavior, keep a thorough events journal. Record every incident and all the details you can remember. Then contact an attorney immediately.  Want to Learn More About How to Prove Disability Discrimination in the Federal Workplace? At the Law Office of Aaron D. Wersing, PLLC, we refuse to let our clients be the victims of disability discrimination and harassment. We have many years of experience holding bad actors accountable and ensuring our clients receive compensation for suffering from discrimination and harassment. Do not wait for someone to help you or hope that things just blow over. Stamp out disability discrimination in the federal workplace by contacting us today.

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Jul 7, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

What Is the Pendleton Act, and How Does it Relate to Federal Employees?

Although few civil servants have heard of it, The Pendleton Act of 1883 is a cornerstone of United States federal employment law. Officially known as the Pendleton Civil Service Reform Act, the law was designed to establish a merit-based system for federal employment. It instituted the principle that federal employees should receive jobs because of the quality of their skills and knowledge, not because of their political connections or beliefs. In doing so, the Pendleton Act made the federal civil service more of a neutral, nonpolitical body that focused on serving the public rather than a political party. The Pendleton Act: Definition and Historical Overview Congress passed the Pendleton Act in response to the problematic “spoils system.” The spoils system was a long-standing political practice in the US during its early history. President Chester A. Arthur signed the Pendleton Civil Service Act into law on January 16, 1883 to ensure citizens could compete for federal jobs without political, racial, religious, or national bias. The basic idea is that a newly-elected political party would give out prestigious and lucrative government jobs to its supporters. The actual qualifications of the appointees were not a consideration, only their loyalty to the party. Once another political party gained office in a new election, it would fire many or all of the previous civil servants and replace them with loyal cronies, friends, or even relatives of key politicians. This practice gradually came under more and more criticism as the 1800s continued.  Things came to a head in 1881. That year, a disappointed supporter of President James A. Garfield shot the President because he did not receive a prestigious diplomatic posting in France. The shocking incident exposed the pressing need for the country to reform the civil service hiring system. The Pendleton Act, named after its primary sponsor, Senator George H. Pendleton of Ohio, sought to rectify this by creating a merit-based system for federal employment. Under the Act, candidates for certain government jobs would be selected based on their performance in competitive examinations. This would ensure the best-qualified candidates were appointed to government positions.  Principles of the Pendleton Act The Pendleton Act required federal jobs to be awarded based on merit, mandated competitive exams for selection, and prohibited firing or demotion for political reasons for covered employees. The Pendleton Act set out two key principles. Together, these two principles aimed to promote a qualified and effective federal workforce free from political interference. By promoting a qualified and efficient workforce and protecting federal employees from political interference, the Pendleton Act revolutionized federal employment practices, fostering a more fair, efficient, and reliable federal workforce. The Pendleton Act Today: Relevance to Federal Employees So, how does the Pendleton Act impact today’s federal employees? Although Congress has amended the Pendleton Act several times and supplemented it with other laws, its core principles remain relevant. The foundation of the modern civil service is still the merit system. Federal agencies must adhere to merit system principles in the selection and treatment of employees. They are required to recruit, select, and advance employees based on their abilities, knowledge, and skills, using fair and open competition. Furthermore, the protection against unfair practices in the federal government is still strong. Federal employees enjoy extensive legal protections from arbitrary actions, personal favoritism, and coercion for partisan political purposes. Moreover, the law grants employees protection from reprisal for reporting illegal or unethical activities by their employer.  Finally, the Pendleton Act inspired the Hatch Act of 1939. This law expanded the Pendleton Act’s basic protections by limiting the political activities of federal employees. Specifically, it prohibits any attempt by a federal employee to interfere with an election, accept donations or contributions from a political party, and distribute or display campaign items in the federal workplace. As a result, the federal workforce is now a place of skilled professionals who are free from the corrupting influence of party politics.  We Can Help What Is the Pendleton Act? This is one of many federal employment-related questions we can answer. Let us give you the guidance you need today.  Thanks to laws like the Pendleton Act, Being a federal employee comes with distinct rights and protections. These rights are key to ensuring fairness and justice within the federal employment sphere. However, federal employees like you can still face retaliation, political pressure, and inappropriate actions in the workplace. When that happens, it is crucial to promptly seek professional legal assistance to uphold your rights. The Federal Employment Law Firm of Aaron D. Wersing is an ally you can count on during such challenging times. We pride ourselves on providing unrivaled representation for our clients. In addition, we have a deep passion for safeguarding the rights of federal employees. Mr. Wersing’s extensive experience and relentless dedication have contributed to many success stories over the years. We invite you to become another successful client. Let us assist you in defending your rights, protecting your federal career, and striving for the best possible outcome in your case. Contact us at 833-833-3529 for a complimentary case review, or schedule an appointment online. We are eager to stand by your side and help with any issue you face.

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Jul 5, 2023 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Can Federal Employees Be Fired for Talking About Wages?

Many of our clients wonder whether a casual conversation about their pay may have played a role in their disciplinary action. Consequently, we’re often asked, Can federal employees be fired for talking about wages? The short answer is no. Federal law protects federal employees from termination or punishment simply for talking about their wages. In fact, private-sector employees receive the same protections. However, the legal mechanisms that protect federal employees are different from the protections for private-sector employees. In addition, they are somewhat more complex.  If you’re curious about how the law protects you as a federal employee, you’ll want to read this article. We’ll discuss the nature of federal employee discipline, your rights as a federal employee, and the ways in which the federal workplace protects your right to discuss your salary. If you have more questions or need legal assistance, it’s best to contact a qualified federal employment attorney right away. Why Can Federal Employees Talk About Wages? Although it’s critical to know your rights as a federal employee, it’s also important to know why you have those rights. The reason you can discuss your wages without fear of retaliation is because of the very nature of the federal service. To understand the federal service, let’s first briefly examine how employment works in the private sector. Private-Sector Employment Protections: Few and Far Between In the private sector, most employees work at will. At-will employment means that the employer can fire the employee at any time and for any reason. The only exceptions are illegal reasons. These illegal reasons have been defined by various laws over the past few decades.  Examples of illegal reasons to fire private-sector employees include things like: Again, there was a time when these protections did not exist. Prior to the passage of the Civil Rights Act of 1964, an employer could fire an employee simply because the employee was black or white. And before Congress passed the Age Discrimination in Employment Act in 1967, an employer could fire you simply because they thought you were too old. While these laws provide some basic protections to private-sector employees, they still face arbitrary termination for many other reasons. If their employer fires them, that’s usually the end of the matter. However, private-sector employees enjoy the right to discuss wages because of the National Labor Relations Act of 1935 (NLRA). The Inherent Protections of Federal Employment Unlike private-sector employees, the Constitution grants federal employees a property interest in their federal employment. Because of that interest, a federal employee can only be fired after receiving due process.  Due process is a phrase that is commonly used but rarely understood. Simply stated, due process is the specific way in which the government can deprive someone of their life, liberty, or property. If a federal employee loses their job without receiving due process, then their termination is illegal.  Due process rights include several critical protections for federal employees. One of the most important is that federal employers can only terminate their employees for just cause. That means your employer cannot fire you at will. Instead, the burden falls on them to show that they have a legitimate reason for firing you that relates to the efficiency of the federal service.  Practically speaking, that means they need to show either your performance is consistently poor or that you committed some act of misconduct, like not showing up to work or threatening another employee. Simply talking about your wages does not relate to the efficiency of the service. For that reason, your employer cannot fire you simply for discussing your wages.  The Role of the Federal Service Labor-Management Relations Statute  Aside from due process rights, there is a specific law that grants extra protection to wage discussions in the federal workplace. That law is the Federal Service Labor-Management Relations Statute (FSLMRS). Congress passed the FSLMRS in 1978 to regulate and improve labor relations in the federal government.  The FSLMRS ensures federal employees the right to organize, bargain collectively, and participate through labor organizations of their choice in decisions affecting their working conditions. These overarching rights include the right to discuss your wages and other aspects of your job. In this sense, FSLMRS is similar to the NLRA. However, whereas the FSLMRS specifically applies to federal employees, the NLRA covers private-sector employees. So Can an Employer Ever Fire You for Talking About Your Pay? While federal employers cannot fire their employees for discussing wages, they can take disciplinary actions against employees who commit misconduct while talking about their wages. For instance, you may face discipline if you disrupt your workplace by openly taunting another employee who makes less money than you. Another example would be insulting your boss at a team meeting because you think your wages are too low.  Need Legal Assistance? We Can Help. We hope that you can rest easy now that you know the answer to the question, Can my employer fire me for talking about my salary? However, agencies do not always understand the law, and some agencies openly ignore the law. When that happens, they may try to take illegal action against you because you discussed your wages with another employee. If you find yourself in that situation, get legal counsel right away.  Our attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, only represent federal employees. That means they have extensive knowledge regarding every kind of legal issue in the federal workplace, including retaliatory disciplinary actions. On top of that, we strive to provide you with the outstanding customer service you deserve. So don’t wait. Contact us today to schedule an initial appointment. 

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