Bill to Prevent Schedule F Reclassification Clears House
In October 2020, President Trump issued Executive Order 13957, which outlined the potential reclassification of tens of thousands of federal employees as Schedule F. If reclassified as Schedule F, these federal employees would be exempt from typical federal employment processes such as avenues to appeal adverse actions—in effect, making them much easier to hire and fire. The Executive Order was met with much criticism and was revoked by President Biden in early 2021. However, that has not prevented similar efforts to remove protections from federal employees, such as the recently introduced Public Service Reform Act, which would eliminate several civil service protections for federal employees by reclassifying them as at-will and abolishing the Merit Systems Protection Board (MSPB).
In response to the continued attacks on federal employment protections and rights, Rep. Gerry Connolly (D-VA) introduced the Preventing a Patronage System Act. The act prevents the White House from creating new federal job classifications without the approval of Congress. With support from a number of federal employee unions and associations, including the Senior Executives Association (SEA), the Preventing a Patronage System Act was passed by the U.S. House of Representatives in a 225-204 vote. The bill now awaits passage in the Senate.
With the continued debate over civil service protections, all federal employees should be aware of the threats to their tenured careers in federal service. Even without reclassification proposals such as Schedule F, federal employees face threats and liabilities inherent in their positions, including the possibility of civil lawsuits and administrative actions. Federal employees are still vulnerable to allegations of wrongdoing, misconduct, and even criminal or civil rights violations stemming from acts, errors, or omissions made while performing your job duties. Allegations can be made by anyone – members of the public, colleagues, subordinates, politically motivated officials, special interest groups, or other entities/individuals – and may require you to hire and pay for outside counsel, even if the allegation is ultimately disproved. A FEDS Protection PLI policy can help.
FEDS Protection provides $200,000 of legal representation per incident for administrative actions, which include investigations, disciplinary actions, and proposed removals arising out of the performance of a professional service. FEDS also provides up to $1 million, $2 million, or $3 million in civil liability protection and up to $100,000 for criminal defense costs. Federal managers, supervisors, and law enforcement officers are eligible for agency reimbursement of up to one half of the cost of your annual premium.
To learn more about FEDS Protection, and how a FEDS professional liability insurance policy can protect you and your career, visit fedsprotection.com or call (866) 955-FEDS, Monday through Friday 8:30 am-6 pm, to speak directly to a representative.
*This article is provided for informational purposes only and does not constitute legal advice.