May 26, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | FERS Disability

How to Strengthen Your FERS Disability Retirement Claim?

Many federal employees assume that qualifying for disability retirement through FERS (Federal Employees Retirement System) will be straightforward. After all, the program exists to support federal workers who can no longer perform their job duties due to a medical condition. However, even those with legitimate disabilities can face delays, requests for additional information, or outright denials from the Office of Personnel Management (OPM).  The good news is that there are concrete steps you can take to strengthen your FERS disability retirement claim and improve your chances of securing the benefits you’ve earned. This guide will walk you through essential strategies to help you build a stronger case and avoid common application pitfalls. 4 Tips for Winning a FERS Disability Retirement Case Here are some of the most effective ways federal employees can make a strong disability retirement claim and boost their chances of approval. Make Sure You Qualify Unfortunately, many FERS applicants face denials because they overlook or fail to prove the basic eligibility requirements. To qualify for FERS disability benefits, you must: To avoid these common mistakes in a FERS disability retirement application, ensure that you have concrete evidence for each of the above.  Gather Plenty of Medical Evidence The OPM requires detailed medical evidence to prove that your condition prevents you from performing your job duties. This includes evidence such as: Medical evidence is needed for a FERS disability claim because it serves as the foundation of your case. Submitting thorough and well-organized medical documentation for FERS disability retirement approval helps establish that your condition meets the legal requirements under OPM guidelines. Don’t Wait to File Too many employees lose out on benefits because of missed deadlines. You must apply for FERS disability retirement within one year of your separation from federal service.  If your claim is denied, you can appeal—but you must do so within 30 days of the denial letter date. Delaying action at any stage can mean losing your right to disability retirement benefits.  Get Help from an Attorney Working with a skilled lawyer is one of the most effective ways to strengthen your FERS disability retirement claim. An experienced federal employment attorney can help confirm you meet eligibility requirements, collect medical evidence, and present your case in the most favorable light. A lawyer can also work to build an effective legal strategy for the appeals process if your application is denied. Frequently Asked Questions About FERS Disability Applications Many federal employees have questions about the FERS disability retirement process. Below are answers to some of the most common concerns. How Do I Prove My Medical Condition Prevents Me from Performing My Job Duties? To qualify for FERS disability retirement, you must show evidence that your condition prevents you from performing the critical elements of your job, or creates a deficiency in attendance or conduct. Medical evidence can help, and your physician should clearly state the physical or mental limitations caused by your condition and how they interfere with your ability to work. However, your supervisor’s statement carries a lot of weight in how OPM determines whether a deficiency is present. What Medical Conditions Qualify for FERS Disability Retirement? Any physical or mental condition that substantially limits your ability to perform your job duties may qualify for FERS disability retirement. This includes chronic pain, degenerative diseases, mental health conditions, autoimmune disorders, and more. What matters is whether the condition impairs your ability to perform useful or efficient service to your agency. Do I Need to Prove That I Am Totally Disabled to Qualify? No. You only need to show that your condition prevents you from effectively performing your position of record and that reasonable accommodations are not possible.  How Important Is My Physician’s Statement in My Application? Your physician’s statement can be one of the most critical pieces of evidence in your FERS disability claim. It should clearly outline your diagnosis, symptoms, limitations, and prognosis. A strong physician’s statement will help you prove medical eligibility for FERS disability retirement and increase your chances of approval, and an experienced attorney can help in providing guidance in this process. What Kind of Evidence Can Strengthen My Appeal? Up to date medical records, low performance evaluations, more detailed physician statements, and certain types of removals can all be helpful during an appeal. A lawyer can help you identify gaps in your initial submission and build a stronger case during the appeal process. Insightful Legal Support Federal Employees Can Trust At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we know how complex applying for disability retirement benefits can be. Our firm has spent years helping federal employees nationwide successfully secure the disability benefits they need and deserve. With extensive experience across virtually all aspects of the federal government, Aaron Wersing is ready to work with you to strengthen your FERS disability retirement claim from start to finish. If you’re a federal employee preparing a FERS disability retirement claim or appealing a denial, contact us today to schedule a consultation to learn more. 

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May 26, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal EEOC

Overview of Federal EEOC Complaint Process

No matter what your job is, you may encounter discrimination in the workplace during your career. There are several laws the Equal Employment Opportunity Commission (EEOC) enforces that protect federal employees from discrimination. But what is the federal EEOC complaint process? If you find yourself the victim of discrimination in the federal workplace, it’s important to understand your rights and how to enforce them with an EEOC complaint. For immediate assistance, please don’t hesitate to send a message or call us at (833) 833-3529 today. Complaints alleging prohibited personnel practices should be directed to the Office of Special Counsel (OSC). OSC receives, investigates, and prosecutes allegations of prohibited personnel practices. Information can be found at https://osc.gov/. Here is a breakdown of the 6-Step Federal EEOC Complaint Process. The chances of winning an EEOC complaint depend on several factors and can vary widely. On average, about 16% to 20% of complaints result in favorable outcomes for the complainant. These outcomes may include settlements, voluntary withdrawals with benefits, or successful claim resolutions. However, when a complaint proceeds to litigation, the likelihood of success in court is typically lower. The 6 Steps in the EEOC Complaints Process 1. Contact Your EEO Counselor Each agency has an equal employment opportunity counselor. Before filing a formal complaint with the EEOC, the first step of the federal EEO complaint process is to contact your agency’s EEO counselor within 45 days of the discrimination. Note that some agencies will use different terms for this office, such as the Office of Resolution Management (ORM) at the Department of Veterans Affairs.  The EEO counselor will provide information about how a federal EEO complaint works. At this step, your counselor will provide details about the EEO process, including approximate timelines and your appeal rights. They will usually ask for information about your claims and bases too. Where applicable, you may also have the option to go through alternative dispute resolution (ADR). This step is also when you must choose whether to file your complaint through the EEO, negotiated grievance, or the Merit Systems Protection Board (MSPB) processes, if applicable. Not all cases have this choice, but when you do, federal employees may choose only one of these two paths and the option first chosen is generally considered to be your election. If you’re unsure where you should file your federal EEOC complaint, consider consulting a federal EEOC lawyer. Understanding Which Laws the EEOC Enforces The EEOC enforces four federal anti-discrimination laws: Together, these laws protect against discrimination based on a number of characteristics, including race, color, sex and sexual orientation, religion or national origin, age, and disability. Additionally, the EEOC works to protect employees from retaliation by their superiors or agency. 2. Filing a Formal Complaint If you can’t resolve the issue through counseling or ADR, your counselor will provide you with a written Notice of Right to File Formal Complaint, and provide a final Interview. This notice gives you the right to file a formal complaint with your Agency’s EEO office within 15 days. Read the Notice carefully for instructions on where to send your complaint. Generally you can file your Formal EEO complaint by mail or email. Each complaint must be properly drafted to include at least: After you submit your complaint, will review it to decide whether to conduct an investigation. 3. Your Agency Conducts an Investigation If your Agency accepts your claims, your agency will have to conduct an investigation into the alleged discrimination. Once the investigation is complete, you may request a hearing before an administrative judge, or you can request an immediate final decision for your EEOC complaint from your agency. 4. Hearing Before an Administrative Judge Like other court proceedings, an EEOC hearing involves presenting your case to an administrative judge. Each party also has the opportunity to conduct discovery to obtain additional information. At the end of the hearing, the judge will review the record and issue a decision about whether there was discrimination. In some cases, a federal employee may not need to request a hearing. Accordingly, hearings do not always happen as part of the federal EEOC complaint process. 5. Your Agency Issues a Final Decision Whether you choose a hearing or not, the final main step is your agency’s final decision. The agency will review the judge’s final order or the evidence from the investigation and notify you whether it found any discrimination. If there was discrimination, the agency may implement the judge’s orders or its own remedy. Because final decisions may not be in the employee’s favor, federal employees have the right to appeal a final agency action to the EEOC’s appellate division, the Office of Federal Operations (OFO). 6. Appealing to the EEOC You may appeal your agency’s decision to the OFO within 30 days of that decision. During the appeal process, the OFO will review the entire history of your complaint and the evidence in the record. The OFO will then issue its own determination of whether there was any discrimination. Having a federal EEOC lawyer is the best way to make sure your arguments are properly presented in this case. Contact a Federal EEOC Lawyer The federal EEOC complaint process looks long and stressful, but it doesn’t have to be. The attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC have years of experience representing federal employees in a variety of employment matters. If you’ve suffered discrimination and need help with your EEOC complaint, we can help. Contact us today online or at (833) 833-3529.

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May 16, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Minimum Retirement Age (MRA) for Federal Employees

The vast majority of federal employees look forward to enjoying the federal government’s generous retirement package. Yet there is no well-defined minimum retirement age for federal employees because there are several different kinds of early retirement. Thus, the minimum retirement age for federal employees hinges on the type of retirement. These forms of retirement depend, in turn, on things like the employee’s health status and years of federal service. The upside of this arrangement is that federal employees have significant flexibility when considering retirement options. However, there are downsides that you should consider as well.  We’ll unpack the various minimum retirement ages for federal employees in this article. We’ll also delve into what you can do to help minimize any negative consequences of early retirement. However, if you have more specific questions or want legal advice for your personal situation, our firm offers nationwide consultations to assist federal employees across the country. Call us today. What Is the Minimum Retirement Age (MRA) for Federal Employees? Minimum retirement age varies based on the federal retirement system. Minimum Retirement Age in the Civil Service Retirement System  If you are an older employee who joined the federal service before 1987, you may be under the Civil Service Retirement System (CSRS). Employees under CSRS can technically retire at any time. Retire under FERS at age 62 with 5 years of service, age 60 with 20 years, or at your Minimum Retirement Age (MRA) with 30 years. You can also retire at MRA with 10 years of service, but benefits will be reduced. There are some exceptions to this rule, however. We’ll explore those in a moment. Calculating Minimum Retirement Age Under the Federal Employee Retirement System If you began your federal career in or after 1987, you are under the Federal Employee Retirement System (FERS). Calculating the retirement age depends on your year of birth. The Minimum Retirement Age (MRA) for FERS employees is 55 to 57, depending on birth year. Employees born before 1948 have an MRA of 55. Those born in 1970 or later have an MRA of 57. Individuals born between 1948 and 1969 have an MRA that increases gradually between 55 and 57 based on their birth year. If you were born before 1948, then you can retire at 55. If you were born in 1970 or later, you can enjoy minimum retirement at 57. And if you were born between 1948 and 1970, your minimum retirement age will be between 55 and 2 months and 56 and 10 months. However, there’s an additional fact that bears mentioning. Under FERS, you may not receive your complete retirement annuity even after you reach your minimum retirement age. Start receiving Social Security retirement benefits at age 62, but get full benefits at your full retirement age. Increase your benefit amount by delaying benefits up to age 70. For instance, if you have fewer than 30 years of federal service when you reach your retirement age, the government will reduce your retirement benefits by 5% for every year that you are under 62. Retire at age 60 with 28 years of federal service and receive 90% of your government retirement annuity. Similarly, if you retire at age 55, you can expect to receive just 65% of your retirement benefits.  Year of Birth Minimum Retirement Age (MRA) Before 1948 55 1948 55 and 2 months 1949 55 and 4 months 1950 55 and 6 months 1951 55 and 8 months 1952 55 and 10 months 1952-1964 56 1965 56 and 2 months 1966 56 and 4 months 1967 56 and 6 months 1968 56 and 8 months 1969 56 and 10 months Minimum Retirement Age (MRA) 57 According to the U.S. CBP, Here is a chart for Minimum Retirement Age (MRA) Exploring Alternative Retirement Plans Under both FERS and CSRS, employees can use several pathways to retire before the minimum retirement age. Specifically, federal employees can retire early through one of three situations: If you want to learn more about these options, it’s best to contact a federal employment attorney. Is There a Mandatory Retirement Age for Federal Employees? Generally, no. Mandatory retirement ages exist only for federal law enforcement officers and firefighters. Regardless of whether they are under FERS or CSRS, both law enforcement officers and firefighters have to retire at age 57, assuming they have 20 years of service. That said, an agency head can choose to allow a law enforcement officer to serve until 60 if the agency head finds that the employee’s service benefits the public interest.  Ready to learn more about achieving early retirement? Reach out to us today and let’s explore your questions together! It can be overwhelming to figure out your best options for retirement. And your agency’s human resources department may not have the answers you need. If you want accurate legal answers rather than vague responses and bureaucratic red tape, contact an experienced federal employment attorney. With the right legal counsel, you can get a clear picture of your retirement options and prepare your next steps. Our team at the Federal Employment Law Firm of Aaron D. Wersing is 100% committed to serving federal employees and making their lives easier. Our goal is to make it as easy as possible for our clients to reach their retirement goals and enjoy life after the federal government.  We recognize many people think you need large amounts of cash on hand to even speak to an attorney. That couldn’t be further from the truth. We care about you and your story, set up your consultation today by calling us at 1-866-612-5956. You can also contact us online. 

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May 16, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Retirement

Discontinued Service Retirement (DSR): What Is It?

A discontinued service retirement is a special type of retirement for employees who receive an involuntary separation from the federal service. In most cases, DSRs provide eligible employees with an immediate annuity payment. However, this annuity payment can be less than what an employee would normally receive. Many federal employees are unfamiliar with what Discontinued Service Retirement (DSR) is or how it differs from other types of retirement. Read on to find out whether DSR might apply to your situation. Understanding Your Discontinued Service Retirement Eligibility There are three main requirements to obtain a DSR. First, you need to have received an involuntary separation. Second, you have to meet certain age and service requirements. Third, you must not have rejected a “reasonable offer” of employment from your agency.  Discontinued Service Retirement (DSR) allows federal employees facing involuntary separation to retire early with an immediate annuity, even if they do not meet standard age or service requirements. This annuity may be reduced based on service length and retirement age. Obtaining an Involuntary Separation The key feature of a DSR is that it only applies to employees with involuntary separations. The Office of Personnel Management (OPM) considers several following situations to qualify as “involuntary separations.” These are just a few situations that qualify as “involuntary separations.” Contact a federal employment attorney to learn more about whether your situation is an involuntary separation. Age and Service Requirements Discontinued service retirement (DSR) allows federal employees separated through no fault of their own to receive an immediate annuity, potentially reduced by age. Eligibility requires involuntary separation not caused by misconduct and fulfillment of age and service conditions. Assuming your separation was involuntary, you need to meet several other requirements to be eligible for a DSR annuity. First, you need to be at least 50 years old and have at least 20 years of federal service. Discontinued service retirement applies to those involuntarily separated, except for misconduct or delinquency, with at least 25 years of service or age 50 with 20 years of service. They receive an immediate annuity. Another important factor is the retirement service that covers your position. There are two primary retirement systems in the federal government. The first is the Civil Service Retirement System (CSRS), which applies to more senior federal employees. The second (and far more common) retirement system is the Federal Employee Retirement System (FERS). Both CSRS and FERS employees can receive a DSR. However, the requirements and procedures for obtaining a DSR vary between those two retirement systems. The differences are quite nuanced, so you should consult a knowledgeable federal employment lawyer for more information. The Reasonable Offer The final requirement for obtaining a DSR is that you must not have refused a “reasonable offer” from your agency. To be a reasonable offer, you must be offered a position in writing that is: The position must also have the same work schedule. If you reject an offer that meets all of these criteria, then you cannot obtain a DSR.  How to Get a Discontinued Service Retirement Assuming you meet these requirements, your agency should automatically provide you with a DSR annuity. But in some cases, your agency may first ask you to provide certain kinds of information to confirm your eligibility.  Receiving a DSR can reduce the amount of your retirement annuity according to your retirement age. Specifically, for employees under the CSRS system, receiving a DSR reduces your other retirement benefits by one-sixth of one percent for every month that you are under age 55 when you retire. For instance, a CSRS employee that retires at age 47 will receive only 84% of their annuity because of their early retirement.  For all FERS employees with a DSR, you can calculate your FERS retirement using the typical calculation for non-disability retirements here.  Want to Learn More About DSR? We Can Help DSRs are poorly understood by most federal employees. In fact, even federal human resources departments can be unfamiliar with DSRs. As a result, your agency may wrongfully deprive you of a DSR after you receive an involuntary separation.  If you want to learn more about DSRs or think that you might be eligible for one, our firm proudly offers services to federal employees nationwide. Contact a skilled employment attorney immediately. A qualified federal employment lawyer can review your personnel file and apply the law to your situation. They can also help you understand your options and file a claim with your agency. But for obvious reasons, you need to have the right kind of lawyer if you want to maximize your chances of prevailing in court.  If you’re looking for legal representation you can trust, reach out to the Federal Employment Law Office of Aaron D. Wersing, PLLC. Our team of dedicated legal professionals is highly experienced with federal employment issues of all kinds. And we are dedicated to preserving and protecting your rights as a federal employee. Give us a call today at 866-612-5956 or contact us online today to set up your initial consultation. You can also set up an appointment with us online and read about our past results.

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Apr 15, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Retirement

Will You Be Penalized for Retiring Early as a Federal Employee?

With the freedom retirement brings, many of us look for ways to retire earlier. Others retire early due to a change in circumstances. As a federal employee, early retirement may be available depending on your age and years of service. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC to discuss retiring early from federal service. Our firm focuses exclusively on issues related to federal employment, so you can rely on our experience to guide you as you consider or plan for early retirement. What Are Your Retirement Options? The Federal Employees Retirement System (FERS) covers federal employees who started working for the government on or after January 1, 1987. Under FERS, you have several retirement options, including: Your eligibility depends on your years of service and whether you have met the minimum retirement age (MRA).  Minimum Retirement Age Your MRA depends on what year you were born:  When you retire at your MRA, you typically forfeit part of your benefits. Voluntary Retirement You can voluntarily retire when you meet the requirements of the table below: Minimum Age Minimum Years of Service 62 5 60 20 MRA 30 (without penalty) MRA 10 (with penalty) You can also voluntarily retire under special provisions for military personnel, emergency services, or air traffic controllers at any age with 25 years of service or age 50 with 20 years of service. Early Retirement You can receive early retirement if a significant percentage of your agency’s employees will be separated or have their pay reduced because your agency is undergoing a: Your agency head must also request the U.S. Office of Personnel Management (OPM) issue a Voluntary Early Retirement Authority (VERA). Federal agencies offer early retirement using VERA to reduce age and service requirements or VSIP to provide lump-sum separation incentives. You can qualify for early retirement at any age with 25 years of service or age 50 with 20 years of service. Otherwise, you typically qualify when you reach age 62. Disability Retirement You can qualify for disability retirement if: You can apply at any age, but if you are under 60, your benefits can stop if you medically recover or return to work. Deferred Retirement Former federal employees can qualify for deferred retirement if they: You can meet the service requirements if you arrive at your MRA and have ten years of service or turn 62 with five years of service. Phased Retirement Under phased retirement, you work part-time and receive partial benefits over several months to years. Phased retirement can be an effective option for many who want to space out the retirement process. Are There Penalties for Retiring Early? Depending on the type of retirement, your benefits may be reduced if you retire before age 62.  Specifically, if you take voluntary retirement at your MRA with ten years of service, your annuity is reduced by 5% each year you are under 62. If you take deferred retirement based on reaching your MRA and having ten years of service, your annuity is reduced by 5% for each year and 5/12 of 1 % for each month under age 62. Can You Avoid the Early Retirement Withdrawal Penalty? If you voluntarily retire early, you can postpone receiving benefits to reduce or avoid the penalty. If you postpone: The closer to age 62 you start receiving benefits, the smaller the penalty. Speak with a Federal Employment Attorney If you are a federal employee, early retirement can be a great option. Contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today to discuss whether early retirement may work for you and help you start planning.

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Mar 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Whistleblower Claims

Whistleblower Retaliation Examples in the Federal Workplace

Speaking up against wrongdoing takes courage—especially in the federal workplace. Employees who report misconduct, fraud, or safety violations expect their concerns to be taken seriously. However, some whistleblowers face retaliation from their agencies instead of being applauded for their honesty. Retaliation can take many forms, some more subtle than others. Understanding how retaliation can appear is crucial for federal employees to protect themselves and their careers. This blog post will explain what federal employees should know about illegal retaliation, offer common whistleblower retaliation examples, and discuss basic steps to take to protect yourself. Understanding Whistleblower Retaliation Whistleblower retaliation occurs when a federal agency punishes an employee because they reported wrongdoing. Under the Whistleblower Protection Act and other federal laws, it’s illegal to retaliate against federal employees who speak out about: Illegal retaliation against federal employees can take many different forms. In broad terms, agencies engage in unlawful retaliation when they take adverse action against an employee for whistleblowing. Many workplace retaliation examples focus on blatant adverse actions against federal whistleblowers, such as: However, many whistleblower retaliation cases involve more subtle forms of agency backlash. For example, some agencies may use performance evaluations as a tool for retaliation by suddenly marking an employee as “unsatisfactory” despite a history of strong work. Isolation and exclusion are another overlooked form of retaliation that federal employees can face. If your supervisors or colleagues suddenly stop communicating with you, remove you from key projects, or exclude you from important meetings, that could be a red flag pointing to retaliation. Other whistleblowers may be under excessive supervision, subject to unwarranted investigations, or face threats and harassment. Examples of Whistleblower Retaliation in the Federal Workplace To better understand what whistleblower retaliation can look like, consider the following scenarios. VA Nurse Faces Sudden Reassignment After reporting patient neglect at a Veterans Affairs (VA) hospital, a nurse suddenly finds themselves reassigned to administrative duties. While they used to be responsible for direct patient care, the nurse was suddenly assigned exclusively to clerical work without any explanation. The reassignment out of a position actively practicing medicine limits their career prospects and job satisfaction. IRS Employee Endures an Internal Investigation An Internal Revenue Service (IRS) employee uncovers tax fraud within their department and follows proper channels to report it. Shortly afterward, they become the subject of an internal investigation based on vague accusations. Their colleagues are warned to avoid contact with them, and they are placed on administrative leave pending the outcome of the investigation. Federal Scientist Excluded from Critical Work A scientist at a federal agency raises concerns about manipulated research data used to support a policy decision. Soon after, they are removed from key projects and denied access to important research meetings. The agency quietly cuts the scientist’s funding, leaving them with little work to do and effectively stalling their career. What to Do If You Face Retaliation After Whistleblowing If you believe you are experiencing whistleblower retaliation, it is essential to act quickly. Here are some steps you can take to protect yourself: These steps can help protect your future livelihood and hold agencies accountable for their unlawful actions. Protect Yourself and Your Federal Career  No federal employee should suffer retaliation for doing the right thing. If you believe your agency has taken action against you for reporting misconduct, you don’t have to face it alone. Recognizing whistleblower retaliation examples is the first step, but taking action is crucial. The Federal Employment Law Firm of Aaron D. Wersing PLLC helps whistleblowers fight against retaliation and protect their careers. Our team can assist you in gathering evidence, filing claims with the appropriate agencies, and pursuing legal remedies to secure your rights. Contact us today for a confidential consultation and take the first step toward justice.

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Mar 27, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Disability

Can You Sue for ADA Violations in the Federal Workplace?

Our country depends on thousands of federal employees with disabilities who provide critical service every day to keep the government running. Unfortunately, many capable federal employees still face unfair treatment and discrimination due to their medical conditions. Whether your employer refuses to provide reasonable accommodations, retaliates against you for requesting them, or treats you unfavorably because of your condition, it’s not just frustrating—it’s a violation of the protections laid out in the Americans with Disabilities Act (ADA) as federal law. Many federal employees in this situation wonder: Can you sue for ADA violations? In this blog post, we’ll answer this common question and explain what government employees should know about their legal rights under federal disability law. What Is an ADA Lawsuit? An ADA lawsuit is a legal action filed by an employee who has experienced disability discrimination at work. Under the ADA, private-sector and state or local government employees can sue their employers if they face discrimination because of a qualifying physical or mental impairment.  Common employer ADA violations that can lead to a lawsuit include: If a lawsuit is successful, employer penalties for ADA violations can include fines and mandatory policy changes. Employees may also receive back pay, job reinstatement, and reasonable work accommodations through an ADA lawsuit. Can You Sue for ADA Violations in the Federal Workplace? It is just as illegal for government employers to violate federal disability laws as it is for private-sector employers. However, federal employees who experience disability discrimination take action under a different law: the Rehabilitation Act of 1973, which upholds rights and protections specifically for federal employees with disabilities. Although the Rehabilitation Act predates the ADA by nearly two decades, the two laws use almost identical standards and protections. So, when can you sue for ADA violations if you’re a federal employee? When your employer denies you any of the rights or protections you’re entitled to under federal disability law. However, you will pursue your claim through a slightly different legal route under the Rehabilitation Act rather than the ADA.  How to Sue for an ADA Violation in the Federal Workplace Filing a lawsuit for disability discrimination as a federal employee involves several steps. Unlike private-sector employees, federal workers go through a different administrative complaint process before taking their disability discrimination case to court. Here’s how the process works: Federal employees generally have up to 90 days after receiving a final decision to seek legal counsel and sue for disability discrimination. However, it’s in your best interest to consult with a legal professional from the start—as soon as you suspect your rights have been violated. A skilled federal employment lawyer can evaluate your situation, explain your legal options in detail, and support you throughout the process of getting justice.  Steadfast Advocacy for Federal Workers  Fighting disability discrimination on your own can be exhausting, especially when facing a complex administrative and legal process. Fortunately, you don’t have to navigate this battle alone. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we help government employees challenge workplace discrimination and advocate for their rights. With years of experience serving employees across the federal government, attorney Aaron Wersing understands the complexities of the Rehabilitation Act and is prepared to guide you through every step of the process to assert your rights. Contact our office today to schedule a consultation and learn more about how we can help.

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Mar 17, 2025 | By Aaron D. Wersing | Read Time: 3 minutes | Federal Employment Law

Adverse and Disciplinary Actions for Federal Employees

Adverse and disciplinary actions for federal employees are different classes of punishments. Both adverse and disciplinary actions are taken by an employer for reasons of performance or misconduct. Adverse actions include more serious punishments, while disciplinary actions often refer to less serious punishments. However, both can cause irreparable harm to your career and personal life. If you are a federal employee, disciplinary actions by your employer are something you need to take seriously. Consider consulting a successful federal employment attorney today to help you protect your rights. What Are Disciplinary Actions For Federal Employees? Disciplinary actions for federal employees are measures agencies take for alleged violations of rules, regulations, or conduct standards. Your employing federal agency is almost always responsible for taking these actions. Disciplinary actions range from mild warnings or reprimands to severe measures like suspensions. Common disciplinary actions for federal employees include: Various federal laws and regulations govern disciplinary actions for federal employees. A few key laws are the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. These laws and regulations provide you with certain rights and protections, such as the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. It’s important to note that disciplinary actions must be based on a valid cause, such as unacceptable performance, misconduct, or some violation of laws or regulations. In addition, any actions based on characteristics like your race, sexual orientation, or religion are illegal. You also have a few due process rights when receiving disciplinary action. Specifically, you have the right to make a response and receive a written notice of the action.  What Are Adverse Actions For Federal Employees? Adverse actions are serious disciplinary measures taken by federal agencies against their employees. As with disciplinary actions, adverse actions always negatively affect your job, pay, or benefits. They also have a huge impact on your reputation and employability. Adverse actions can include, but are not limited to, the following: Adverse actions against federal employees are governed by federal laws and regulations, including the Civil Service Reform Act, the Federal Service Labor-Management Relations Statute, and the Privacy Act. Fortunately, these laws and regulations provide extensive rights and protections to federal employees. These include the right to a fair and impartial hearing, the right to appeal, and the right to representation by a union or an attorney. As with disciplinary actions, all adverse actions must stem from an act of misconduct or poor performance. In addition, federal agencies need to provide extensive due process procedures when they propose an adverse action against you. Specifically, you need to have at least 30 days’ advance notice of the action, an opportunity to respond to the proposed action, and the right to appeal it to the Merit Systems Protection Board (MSPB). Let Our Federal Employment Attorneys Help You! Contact Us Today Whether facing adverse or disciplinary actions, take the situation seriously. Even a minor reprimand can torpedo your chances of obtaining your dream position and leave you with a black mark on your record. If your employer plans to take disciplinary action against you, seek legal counsel immediately. At the Federal Employment Law Firm of Aaron D. Wersing PLLC, we are dedicated to preserving your rights. We will do whatever it takes to defend your good name. Furthermore, we will help you take action against discriminatory employers and other bad actors. Federal employment is a niche area, and most attorneys have little experience with it. However, we have decades of experience in federal employment issues. Don’t try to go it alone and jeopardize your career. Instead, give us a call at 866-612-5956 or get in touch with us online.

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Mar 17, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Workplace Discrimination

Reverse Discrimination in the Workplace—What You Should Know

We all know that discrimination in the workplace is unacceptable, and we all know that no federal employee should have to put up with it. However, not everyone knows that all kinds of discrimination are illegal. When most people imagine a discriminatory situation, they imagine racial minorities as the victims of racial “majorities.” They may be more accepting of discrimination when it operates in “reverse.” However, so-called reverse race discrimination is equally wrong and just as illegal as “regular” discrimination.  At this point, you might be asking yourself, What is reverse discrimination? In this article, we will discuss reverse discrimination definition and the situations which best describe reverse discrimination in the workplace.  If you think that you are the victim of reverse race discrimination, contact a workplace discrimination lawyer right away. Our firm proudly offers services to federal employees nationwide. What Is Reverse Discrimination? The term “reverse race discrimination” is sometimes considered controversial, and its definition can be challenging to explain. Reverse discrimination occurs when members of a dominant group face bias in favor of minority or disadvantaged groups. Reverse discrimination based on race or ethnicity is known as reverse racism. The idea of “reverse racism” focuses on prejudiced attitudes or discrimination against certain racial groups but overlooks a central aspect of racism: power. Racism is defined as “prejudice plus institutional power,” highlighting systemic inequities. The simplest definition is this – reverse discrimination occurs when majority groups, such as white men, face unfavorable workplace decisions due to their race or gender. Reverse race discrimination, for example, occurs in situations where historic racial minorities (like blacks or Hispanics) discriminate against white Americans based on their skin color. “Reverse” racism describes discrimination against majority racial groups by minority or historically oppressed groups. The fact that the target of discrimination belongs to a majority group does not exclude them from the protection of workplace discrimination laws. Discrimination is discrimination. It does not matter whether the victim is white, black, Christian, Muslim, handicapped, or able-bodied. Workplace discrimination lawyers know that discrimination laws apply to all groups, and can help any victim of any form of discrimination.  Which of the Following Is an Example of Reverse Discrimination? Let’s consider a few examples of discrimination to understand which of the following situations constitute reverse discrimination: Which of the following is an example of reverse discrimination in America? If you guessed the first two scenarios, you’d be correct. The first scenario was reverse race discrimination because a black man, a member of a racial minority, was discriminating against a white man based on race. Similarly, the second scenario also constituted reverse discrimination. Sex-based discrimination has historically targeted women, so reverse discrimination occurred because a woman was making condescending sex-based comments to a man. However, the third scenario was not reverse discrimination because Christianity is a majority religion in the United States. So while the Christian in that scenario was harassing and potentially discriminating against their Hindu coworker, that would constitute normal discrimination of a minority.  What Should I Do If I Am the Victim of Reverse Discrimination? Discrimination remains the same regardless of the victim’s race, gender, or religion. If you are experiencing reverse discrimination, consider taking the following actions: After you have taken these first steps, you need to consider hiring an attorney who handles cases of discrimination at work. Hiring an attorney for employment discrimination can help to resolve the reverse discrimination problem quickly. Furthermore, employment discrimination attorneys are familiar with all kinds of discrimination and can evaluate your case to see if you are eligible to obtain compensation. Finally, if you file a complaint against your agency, a federal employment workplace discrimination lawyer can help your case by collecting evidence, obtaining witnesses, and conducting settlement negotiations. Do You Need a Workplace Discrimination Attorney? Employment discrimination is always wrong, including reverse discrimination. Now that you know reverse discrimination’s definition, you will know when to contact an employment discrimination attorney.  If you are currently experiencing such discrimination, you need an employment discrimination attorney right away. However, not all attorneys are of the same quality. Therefore, it is critical that you hire an attorney that has experience with your kind of case and is familiar with the unique features of the federal workplace.  Contact Our Federal Employment Attorney To Discuss Your Case Today Here at the Federal Employment Law Firm of Aaron D Wersing PLLC, we are dedicated to helping federal employees stand up for their rights. Over the years, our firm has helped countless federal employees with all kinds of discrimination complaints. Unlike other law firms, we are familiar with all of the dynamics of the federal workplace. We will help you stand up for your rights and hold discriminatory actors accountable. Even if you don’t know whether you need an attorney, you have nothing to lose by setting up an appointment. Contact us right away.

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Feb 19, 2025 | By Aaron D. Wersing | Read Time: 4 minutes | Federal Employment Law

Return to In-Person Work Executive Order for Federal Employees Administered by Trump

President Trump’s new mandate ending remote work for most federal employees has recently rocked the federal workforce. Although Trump had long suggested this was a priority for his administration, many federal employees are confused and concerned about what the return to in-person work executive order means in practice.  This blog post will address common questions about the Trump executive order to return to work. We’ll unpack the order’s details, explain the transition timeline, and discuss any exemptions from the mandate. What Does the Return to Work Order Say? On his first day in office in 2025, President Trump issued a mandate directing all federal departments and agencies to take steps to end remote work arrangements. President Trump ordered all federal employees to return to full-time, in-person work. Agencies must end remote work, but agency heads can approve exemptions when necessary. The order specifies that agency leaders should “require employees to return to work in person at their respective duty stations on a full-time basis” unless they have legitimate reasons for exemption under existing law. According to a report by the Office of Management and Budget, in May 2024, 1.1 million federal civilian employees were eligible for work arrangements that allowed them to do their jobs partly or entirely away from their work site. Of those employees, around 228,000 occupied remote positions where they were not expected to report to a physical location.  This new directive marks a significant shift from the Biden administration’s approach, which embraced flexible work arrangements and expanded telework options for federal employees.  When Does the Return to In-Person Work Executive Order Take Effect? President Trump’s return to work order officially went into effect on January 20, 2025, when it was issued. According to guidance from the Office of Personnel Management (OPM), agencies had until 5:00 p.m. EST on January 24, 2025, to take the following steps toward complying with the mandate: Under OPM’s guidance, agencies will aim to fulfill the order’s requirements within 30 days. However, some flexibility with this timeline is possible for federal employees covered by collective bargaining agreements and other exceptional agency circumstances.  Who Is Included in the Executive Order to Return to Work? The original order specifically addresses employees of “all departments and agencies in the executive branch of Government” engaged in any “remote work” arrangement. This includes any employees who work entirely from an alternative worksite and are not expected to report to agency locations. However, the OPM guidance clarifies that the president’s mandate also applies to federal employees performing “telework.” In the past, OPM allowed employees with telework arrangements to “report to work both at an agency worksite and alternative worksite on a regular and recurring basis each pay period.” Now, federal employees who’d previously had authorization for full—or part-time telework will also be expected to return to in-person duties. Are There Any Exceptions to the Federal Employee Return to Work Executive Order? The president’s mandate does include some exceptions. Certain employees may continue working remotely if they qualify for an exemption under federal law or agency policy. These exemptions include: If you believe you qualify for an exception, it is crucial to communicate with your agency and understand your rights. A lawyer experienced in federal employment law can help assess your situation and ensure the proper handling of your request. Proud Advocates for the Rights of Federal Employees Federal employees are understandably concerned about the impact of this executive order on their careers and personal lives. If you have questions about your rights, exemptions, or potential legal challenges, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help. We proudly offer our services to federal employees nationwide. Our team understands the complexities of federal employment law and can help you navigate exemption requests, disability accommodations, and union protections. Additionally, if you experience retaliation for requesting an exemption or challenging the order, you may have legal recourse under federal whistleblower protections and anti-retaliation laws. Contact our office today to learn more about your rights and how we can help. Resources:

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