Amidst the rollout of new executive orders, federal employees in Washington DC are facing significant changes that affect their work environment and job security. A seasoned legal expert specializing in federal employment law advises workers to initially comply with these mandates while exploring avenues for challenging them. This strategic approach aims to protect employees' positions while providing opportunities for legal recourse. The guidance covers various aspects, including return-to-office policies, diversity and inclusion initiatives, and hiring freezes. Employees are encouraged to understand their rights and use available resources to navigate these changes effectively.
In the nation's capital, a prominent attorney with over two decades of experience representing federal employees has provided valuable insights on how government staff can respond to recent policy shifts. Debra D’Agostino, a founding partner at the Federal Practice Group, highlights the importance of compliance with new directives such as return-to-office (RTO) mandates, reductions in diversity and inclusion efforts, and hiring freezes. She emphasizes that while immediate adherence is crucial, employees should not hesitate to challenge these policies through formal channels once they have secured their positions.
The RTO mandates issued by the Office of Personnel Management (OPM) require most federal employees to return to in-office work, with some exemptions. Remote workers—those residing outside commuting areas—and teleworkers—based within commuting areas but working from home—are both affected. Exemptions apply to individuals with reasonable accommodations or qualifying disabilities, as well as those with compelling reasons, though the specifics remain vague. Military spouses also qualify for exemption under recent guidelines.
Employees involved in Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives face potential reassignment or administrative leave. Some have received reduction-in-force notices, which essentially serve as 60-day layoff warnings. Despite this, certain DEIA roles, like reasonable accommodation coordinators, remain essential. D’Agostino predicts that many DEIA workers will be reassigned to different positions while continuing to perform similar tasks. The complexity of the reduction-in-force process means agencies must adhere to strict regulations, although compliance has been inconsistent.
The hiring freeze presents additional challenges. According to OPM guidance, any federal job offers signed after January 20th at noon are invalid, leaving many positions vacant. This has led to confusion among candidates who believed they had secured jobs months earlier. D’Agostino advises applicants not to resign from their current jobs until they receive a firm final offer. She anticipates that the hiring freeze may persist, further complicating recruitment efforts.
Navigating these changes requires a nuanced strategy. D’Agostino stresses the importance of initial compliance unless an order poses safety risks. Employees should follow directives even if they believe the actions violate agency policies or personal beliefs. Refusing a reassignment, for instance, could result in termination, making it nearly impossible to regain employment or file complaints. Instead, she recommends taking the reassignment and then pursuing grievances, Equal Opportunity complaints, or appeals to the Merit Systems Protection Board. These avenues provide a structured path for addressing concerns while maintaining job security.
Federal employees impacted by these executive orders find themselves at a crossroads. By adhering to the advice of experienced legal professionals like D’Agostino, they can ensure compliance while preserving their ability to challenge policies through established channels. Understanding and utilizing available resources will be key to navigating these uncertain times successfully.