Attorneys for Federal Employees — Nationwide

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Today at a Glance

• DOJ vs. Civil Service Lawsuits: Supreme Court asked to limit when feds can sue in district court instead of using CSRA channels.
• MSPB and NLRB Firings Upheld: Appeals court backs Trump’s removal of board members, raising questions about agency independence.
• DEI “Purge” Class Action: New lawsuit claims thousands of feds were targeted and RIF’d because of DEI work.

Top Stories:

1. DOJ Asks Supreme Court to Limit Civil Service Lawsuits in District Court

Source: Government Executive — December 5, 2025 

TL;DR: DOJ is asking the Supreme Court to block a ruling that let immigration judges sue in federal district court over a Trump‑era gag order. DOJ says the Civil Service Reform Act (CSRA) means most federal personnel cases must go through MSPB and related channels, not straight to court.

For federal employees, this means:

• There is a major fight over whether you must use CSRA routes (EEO, OSC, MSPB, etc.) before you can sue in regular federal court.
• The outcome could affect how you challenge serious personnel actions and some policy‑wide rules.

Legal Insight:

Right now, CSRA still controls most major personnel cases, and deadlines are short. You often have tight timelines to contact an EEO counselor or file an MSPB appeal after a removal, suspension, or RIF. Keep copies of all proposals, decision letters, and emails about your case, and note all dates. If you get a proposed discipline or removal, do not wait—read the notice carefully and calendar every deadline. Because the law here is moving fast and timing is strict, it is wise to speak with your union and a qualified federal employment attorney if you’re facing serious discipline.

2. Court Backs Trump’s Removal of MSPB and NLRB Members

Source: Federal News Network — December 5, 2025

TL;DR: A divided D.C. Circuit panel ruled that President Trump could fire MSPB member Cathy Harris and NLRB member Gwynne Wilcox without cause. The court said these board members use “substantial executive power,” so Congress cannot fully shield them from at‑will removal.

For federal employees, this means:

• Key boards like MSPB could become more sensitive to White House changes.
• Your basic appeal and grievance rights have not changed yet, but leadership stability may be weaker.

Legal Insight:
MSPB is still the main place to appeal removals, long suspensions, RIFs, and many whistleblower cases. Even if board leadership changes more often, you still must meet current filing rules and deadlines. Save every proposal, decision letter, and any reply you submit, and keep your own timeline of events. If you get a serious adverse action, talk with your union and consider getting legal advice about MSPB, EEO, or OSC options. Because the legal landscape around independent agencies is shifting, don’t assume you can “wait and see” once you receive a final decision.

3. Class Action Challenges Trump‑Era “DEI Purge” of Federal Employees

Source: Government Executive — December 5, 2025

TL;DR: A new class‑action lawsuit claims the Trump administration targeted and fired federal workers tied to diversity, equity, inclusion, and accessibility (DEIA) work, even after they moved into other jobs. The ACLU of D.C. says agencies used RIF procedures to punish certain employees instead of abolishing real positions, affecting “potentially thousands” of workers.

For federal employees, this means:

• Large‑scale layoff and RIF actions linked to DEI work are now being challenged in court.
• If your job was cut after DEI duties, your situation may be similar to those in the lawsuit.

Legal Insight:
Under CSRA and OPM rules, RIFs are supposed to be about positions and retention factors, not retaliation for past duties or views. Title VII bars discrimination based on race, sex, and national origin, and the lawsuit claims DEI‑related RIFs violated those protections and the First Amendment. If you got a DEI‑linked RIF or sudden administrative leave, keep every notice, email, and comment that connects the action to your DEI work. Remember: MSPB appeal deadlines for RIFs and EEO timelines are short, often measured in days, not months. If you’re facing or challenging a RIF tied to DEI work, talk with your union and consider contacting a federal employment attorney quickly.

Legal Tip of the Day

Performance Reviews and PIPs

Don’t treat a performance review or Performance Improvement Plan (PIP) as just paperwork. Read every line carefully. If you disagree with factual statements, draft a professional written response while details are fresh. Ask for specific examples of alleged deficiencies and clarify how success will be measured. During a PIP, keep your own log of assignments, deadlines, and what you submitted, and save copies in a safe place. A PIP is often a fork in the road for your career. If you’ve received a negative appraisal or PIP, consider talking with our firm early, not after it ends.