As federal managers adapt to shifting expectations, new policies from the Trump administration are raising serious concerns about political discrimination in the federal workforce. With performance evaluations now tied to loyalty to the president’s agenda, career officials are left questioning their job security and legal protections.
Federal Practice Group Deputy Managing Partner Joanna Friedman, a leading authority in federal employment law, spoke with Bloomberg Law for its feature “Punching In: Trump to Reward Loyal Managers in Federal Workforce”, offering critical insights into the risks these policies create — and how federal managers can protect themselves from unlawful political discrimination.
Joanna Friedman Explains Political Discrimination Risks
The administration’s updated criteria require senior federal managers to “clearly and demonstrably” support President Trump’s policy goals to receive favorable performance reviews. This marks a significant departure from previous standards, which avoided political language.
According to Friedman, this shift could expose agencies to legal challenges under civil service protections. She emphasized that managers penalized for insufficient support of political priorities may have grounds for legal action.
“Managers ranked poorly because they didn’t adequately support the president’s agenda may accuse their employers of violating civil service laws that prohibit discrimination based on political affiliation. They could file a complaint with the Merit Systems Protection Board, the panel that mediates disputes between agencies and their employees,”
For federal employees facing these circumstances, the Merit Systems Protection Board (MSPB) offers a critical avenue for recourse. The MSPB adjudicates employment disputes between federal agencies and their employees, including cases involving allegations of political discrimination.
An Uncertain Future for Federal Leaders
Beyond performance evaluations, the Office of Personnel Management (OPM) has directed agencies to review senior roles traditionally held by career staff, weighing the possibility of filling them with political appointees instead. This directive adds to growing anxiety within the federal workforce.
In her conversation with Bloomberg Law, Joanna Friedman captured this uncertainty clearly:
“Senior managers are on eggshells just like anyone else, not knowing what’s going to come next and whether they’re going to be on the chopping block.”
This environment creates a chilling effect, undermining morale among public servants dedicated to nonpartisan service. The risk of political discrimination in the federal workforce is not just theoretical — it is already reshaping how managers view their roles and responsibilities.
Protecting Your Career Against Political Discrimination
For federal managers concerned about political discrimination in the workplace, early action is essential. If you believe your performance review or employment status has been compromised by political bias, you may have grounds to file a complaint with the Merit Systems Protection Board.
At Federal Practice Group, we have extensive experience representing federal employees in cases of political discrimination, wrongful performance evaluations, and other employment disputes. Our attorneys can help you understand your rights and pursue appropriate legal remedies.
If you are facing uncertainty in your federal role, contact us today. Our team is here to help you navigate this evolving landscape with clarity and confidence.
Standing Firm Against Political Discrimination
The Trump administration’s policy changes place career federal managers in a precarious position. As loyalty becomes a measure of job performance, the risks of political discrimination in the federal workforce increase. Joanna Friedman’s insights, shared in her conversation with Bloomberg Law for “Punching In: Trump to Reward Loyal Managers in Federal Workforce” serve as a crucial reminder that legal protections remain in place, and avenues for recourse are available.
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