Government Workers' Rights

Government workers obtain many rights once they begin working for the government. The constitution, federal and state laws give government workers rights to protect them from coercion, discrimination and economic destitution after retirement. Also the law places procedures to facilitate the protection of government employees from discrimination.

  1. US Constitution

    • The U.S. Constitution protects government workers in more ways than it can protect a private worker. The first 10 amendments to the Constitution--also known as the Bill of Rights--apply to government conduct but not to private conduct. For example, if a private employer prevents you from giving your political views while on the job you cannot sue him for violating your First Amendment right to free speech. However, if a government employer prevented you from doing, so then you could sue him for violation of your constitutional rights. The rest of the Constitution also applies to government conduct except for the 13th Amendment, which applies to private employers by banning slavery and involuntary servitude.

    Discrimination

    • Federal law protects government workers from various forms of discrimination. Title VII of the Civil Rights Act of 1964 (CRA) forbids discrimination of workers, whether government or private, on the basis of "race, color, religion, sex, or national origin." The Civil Service Reform Act of 1978 (CSRA) prohibits the federal government from discriminating between its employees on the same basis as the CRA, but includes prohibitions against disability and age discrimination. For example if the federal government promoted a male federal employee over a female federal employee solely on the basis of gender then it would be a violation of both the CRA and CSRA. However, if the federal government promoted a non-disabled employee over a disabled employee solely on the basis of non-disability, then it would be a violation of the CSRA but not the CRA. States such as California also forbid government discrimination based on sexual orientation.

    Due Process

    • Federal employees possess the right to file a complaint with a specific federal agency if they feel they were discriminated against. The employee may file a complaint with the agency he is working for if he feels he was discriminated against. If the agency rejects the complaint, an appeal may be filed with the federal Equal Employment Opportunity Commission (EEOC).

    Whistleblowing

    • Federal and state laws protect against retaliation to whistleblowers, who report illegal conduct of their employer to the proper authorities. Federal law protects persons who report safety or health dangers in the workplace if the employee has a "good faith" belief that the employer is breaking the law. The employee must report the violation to the federal agency. State laws protecting whistleblowers are typically the same as federal law, however they usually give the employee the option of reporting to a state agency rather than a federal agency.

    Retirement

    • State and federal governments sometimes provide their employees with retirement benefits. Generally they give their employees a pension plan whereby the employee is given a certain amount retirement funds based on the years that he worked for the government.

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