Proposed Bill Threatens Civil Service Protections
at-will status civil service reform federal employment legal rights mspb appeals Jun 05, 2025Congress 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.
Categories
All Categories #careerprotection #doge #federalemployment #mindfulness #stressmanagement administrative cuts administrative law administrative leave administrative procedure act afge lawsuit afge v. trump agency closures agency cuts agency funding risks agency independence agency reorganization agency shutdown agency shutdowns ai and privacy ai in government ai surveillance alien enemies act americorps cuts apa appeals court trends appointments clause at-will status attorney hiring awol defense black federal employees black federal workers blue collar federal workers budget cuts budget transparency burnout prevention career protection career stability careerprotection cdc advisory committee cdc recall cfpb layoffs checks and balances civil rights civil rights enforcement civil rights protection civil service protection civil service protections civil service reform civil service rights class action lawsuits class actions classified information collective bargaining competitive service rights congressional budget bill congressional budget cuts constitutional law constitutional rights court orders cpsc credibility in hearings ctap cybersecurity threats deferred resignation program deferred resignation programs dei dei ban dei cuts dei executive order dei in government dei in stem dei policies dei research dei retaliation deia democracy protection department of education department of state dhs dhs discipline disability rights disaster readiness disciplinary defense discrimination discrimination law district court injunctions dod pay freeze dod reorganization doe injunction doge doge reform doj lawsuit drp buyouts due process due process federal employment due process rights due process violations dueprocess eeo challenges eeo complaints eeo guidance eeo laws eeo process eeo protections eeo rights eeoc eeoc claims eeoc complaints eeoc guidance elon musk emergency response policy emergencymanagement employee protections employee rights employee stress management employeeprotections employment law eo 14210 eopf audit epa discipline epa layoffs equal protection equity in government executive order executive order challenge executive orders executive overreach executive power faca fda oversight fed chair fed legal help fed strong community federal benefits federal benefits cuts federal budget law federal career defense federal career protection federal court updates federal discipline federal employee advocacy federal employee discipline federal employee ethics federal employee protection federal employee protections federal employee rights federal employee rights, federal employee support federal employees federal employment federal employment law federal employment rights federal employment stability federal employment, federal funding federal hiring freeze federal job cuts federal job protection federal job rights federal job security federal job termination federal jobs federal law federal layoff rights federal layoffs federal pay federal pensions federal probation federal records compliance federal retirement federal rif federal wage system federal workforce federal workforce laws federal workforce protection federal workforce protections federal workforce rights federal workforce stability federal workplace federal workplace protections federalemployeeresources federalemployment fehb fehb audit fehb termination fema fema cuts fers fers annuity supplement fers pension fers retirement fers supplement first amendment first amendment retaliation first amendment rights flra fmcs cuts food safety for-cause removal foreign emoluments clause fork in the road free speech furlough rights gao report government accountability government agencies government budget cuts government careers government downsizing government ethics. government funding, government integrity government job security government jobs government layoffs government oversight government policy changes government regulations government shutdown government transparency government waste government workforce governmentjobs governmentreform gsa workforce hatch act health benefits hhs employees hhs lawsuit hhs layoffs hhs reduction in force hhs reorg hhs rif hr letters hr modernization hr policy hr system failures hud layoffs ig firings impoundment control act independent agencies institutional knowledge interior department irs delays irs layoffs irs reduction in force irs workplace issues job loss recovery job protection job protections job reclassification job search job security job security strategies job termination judge illston ruling judge illston rulings judicial independence know your rights labor relations law day 2025 layoffs legal advice legal advocacy legal challenges legal compliance legal defense legal protection legal representation legal rights legal strategy legal update legal updates legal updates for federal employees legalsupport lgbtq rights mass layoffs mcmahon v. new york medical accommodation medical ethics medical privacy merit hiring plan merit system merit system principles merit systems merit systems protection merit systems protection board merit-based hiring military spouses mindful federal employee mindful federal employment mindful leadership mindful workplace mindfulness mindfulness at work mindfulness at work, mindfulness for employees mindfulness in government mindfulness in the workplace mspb mspb appeal mspb appeals mspb rights mspb ruling national security national security law nationwide injunctions ndas in government nih funding nih rif ninth circuit nlrb opm opm contracts opm final rule opm firings opm guidance opm hiring memo opm hiring policies opm lawsuit opm memo 2025 opm policy opm policy update opm reform opm regulations opm rule opm rulemaking opm ruling opm suitability rule opm termination opm waivers osc case osc closure osc complaints osc investigation osc reversal osha investigations pension reform pentagon job cuts performance improvement plan performance improvement plans pocket rescission political appointees political discrimination presidential ethics privacy act privacy rights probationary employee rights probationary employees probationary federal employees probationary federal employment probationary period probationary status probationary termination probationaryemployees prohibited personnel practices project 2025 protect federal career protecting federal career protecting federal careers public comment violations public health public service public service stress management publicservice reasonable accommodation reasonable accommodations reconciliation bill reduction in force rehabilitation act religious accommodation religious freedom relocation rights remote law jobs remote work removal notice period reorganizing government act reporter shield rollback retaliation retaliation protection retention register retirement planning retirement processing return to office rfk jr. rif rif anxiety rif appeals rif guidance rif injunction rif law rif lawsuit rif lawsuits rif layoffs rif litigation rif notice rif notices rif preparation rif procedures rif resources rif rights rif strategy rif supreme court case rif supreme court decision rif suspension rif updates rifs rule of law russell vought schedule f schedule g scientific innovation scientificworkforce scotus layoffs scotus lets education department rifs move forward security clearance senate legislation separation of powers ses protections severance pay sf 50 guide sf-50 guide shadow docket social security social security data socialsecurity ssa ssa data breach ssa layoffs state department state department layoffs state department rif state secrets doctrine stress management stress reduction student loans suitability review suitability standards supreme court supreme court decisions supreme court ruling supreme court rulings supreme court rulings, supreme court shadow docket supreme court stay taxpayer privacy telework telework policies telework policy telework protections telework rights telework rules termination title vii trial period trump legal issues trump v. afge tsa tsa workers tsp union protections union rights unionrights universal injunctions unlawful terminations usps independence va employees va job cuts va layoffs va rif va union rights veterans preference veteransaffairs virtual hearings war powers resolution watchdog oversight whistleblower protection whistleblower protections whistleblower retaliation whistleblower rights work-life balance worker safety workforce downsizing workforce reduction workforce restructuring workforce rights workplace accessibility workplace accommodations workplace dei workplace disability rights workplace discipline workplace discrimination workplace fairness workplace justice workplace leadership workplace mindfulness workplace protections workplace resilience workplace retaliation workplace rights workplace stability workplace stress workplace stress management workplace surveillance workplace wellness workplaceprivacy workplacerights workplacewellness wrongful termination