Proposed Bill Threatens Civil Service Protections
Congress is advancing legislation that, if passed, could drastically reshape federal employment as we know it. Tucked deep inside the sprawling proposal are two provisions—Sections 90002 and 70302—that threaten both new hires' job security and the judiciary's power to enforce workplace rights.
Section 90002: Choose Between a Pay Cut or At-Will Status
Under this section, anyone hired after the law takes effect must make a painful choice:
-
Option 1: Pay an extra 9.4% of their salary each pay period, essentially buying back their civil service protections, or
-
Option 2: Work as an at-will employee, with no right to appeal adverse actions to the Merit Systems Protection Board (MSPB).
For many new federal hires—especially entry-level professionals, veterans transitioning from military service, and younger employees burdened by student loans—the pay cut is unaffordable. The Congressional Budget Office estimates that about 75% of new hires would default to the at-will track.
The implications are stark: at-will status allows agencies to terminate employees for good reasons, bad reasons, or no reasons at all. Without MSPB review, there is no check against politically motivated firings, retaliation, or discriminatory practices.
Section 70302: Eroding Judicial Power
Equally concerning is Section 70302, a 63-word provision that would block federal courts from enforcing injunctions against the executive branch unless a security bond is posted. In nearly all civil rights and public interest cases, judges routinely waive this bond requirement.
If enacted, this change would leave courts powerless to compel agencies to stop unlawful actions—such as mass layoffs or discriminatory practices—even when the judiciary rules in employees' favor. Existing contempt orders could be voided overnight, as seen in the ongoing dispute involving Venezuelan deportations in defiance of a court order.
In effect, the bill not only undermines due process for employees, but also guts the judiciary’s ability to serve as a meaningful check on executive overreach.
Why This Matters—Now
Together, these provisions threaten the core merit principles that have defined the federal workforce since the Pendleton Act of 1883. Job protections based on skill, not political allegiance, are foundational to a functioning civil service. Stripping them away sets a dangerous precedent—one that puts every federal employee’s job security and legal recourse on the line.
What You Can Do
Contact your senators and urge them to remove Sections 90002 and 70302 from the bill. Tools like Resist.bot make it easy to send your message. Share this information widely—every federal worker deserves to know what’s at stake.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.