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Federal Employment Law
Pendleton Act

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.

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 set out two key principles.

  1. Merit-based hiring and promotion of federal employees. The Act established the principle of employment according to merit rather than political connections. It required that all federal agencies appoint and promote individuals based on their performance in competitive examinations.
  2. Protection against unfair dismissal. The Act prohibited any attempt to fire or demote government officials for political reasons. It also prohibited any agency from requiring employees to give political service or contributions.

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.

Author Photo

Aaron Wersing, Attorney at Law

Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.

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