Tag: Federal Employees

When the System Reboots But Justice Doesn’t

Posted on by Becky Haugen

MSPB

The Merit Systems Protection Board is back—at least on paper.

Last week, the Senate confirmed James Woodruff, President Trump’s nominee, to the federal board that hears grievances from government employees. His appointment restores a quorum to an agency that has sat largely paralyzed for months after the administration dismissed its last Democratic-appointed member.

To the casual observer, this looks like progress: the board can now issue decisions again. But as Politico’s Hassan Ali Kanu reported, the change could actually make it harder for federal employees  and by extension, uniformed service members in comparable administrative processes to get meaningful relief.

For nearly a year, federal workers who were fired or disciplined successfully argued in court that any complaint filed with the MSPB would be “futile.” Judges agreed, allowing employees to bypass a broken system and seek justice directly in federal court. Now, with a quorum technically restored, that legal opening is closing—even though the board remains buried under a fast-growing backlog of tens of thousands of appeals.

The symbolism is powerful: the White House can claim the machinery of due process has been repaired. But substance tells another story. A board stacked with political appointees and crippled by delay is not an engine of fairness, it’s a holding pen for accountability.

Federal workers, and the service members who rely on parallel review systems such as the Boards for Correction of Military Records, deserve a process that is independent, timely, and transparent. Restoring seats without restoring trust merely replaces paralysis with pretense.

Until Congress imposes statutory deadlines for decisions, guarantees the right to court review when agencies stall, and ensures balanced representation on these boards, justice for the federal workforce will remain bureaucratized, not delivered.

Denial of Benefits and Delayed Justice for Federal Personnel and Military Service Members

Posted on by Becky Haugen

Rainbow pride flag

Federal and Military Employees Face Challenges to Retirement Benefits and Constitutional Rights Amid Policy Shifts

In August 2025, the U.S. Air Force rescinded previously approved Temporary Early Retirement Authority (TERA) benefits for service members with 15 to 18 years of service. While this action has largely affected transgender personnel, it signals broader administrative discretion that could impact retirement and benefits decisions for a wider group of federal and military employees.

Executive Order 14183, signed in January 2025, reinstated restrictions on transgender military service, citing unit cohesion and readiness concerns. The Supreme Court allowed enforcement of this order in May 2025, and the Department of Defense has since issued guidance to proceed with separations. These shifts, coupled with administrative backlogs caused by the government shutdown, have created uncertainty for many service members who rely on timely processing of retirement and benefits applications.

Constitutional and Legal Implications

The rescission of benefits raises serious constitutional concerns. Under the Equal Protection Clause, policies that discriminate based on characteristics such as gender identity or sexual orientation must meet strict scrutiny. Additionally, abrupt denial of earned benefits implicates the Due Process Clause, as service members and federal employees may be deprived of property without meaningful opportunity for review.

Legal challenges are ongoing, including lawsuits such as Talbott v. USA, where advocacy organizations are contesting the constitutionality of the transgender service restrictions. These cases may set important precedents affecting the broader federal workforce.

Impact on the Broader LGBTQ+ Workforce

While policy changes have specifically targeted transgender service members, gay, bisexual, and other LGBTQ+ military and federal employees are also affected. Administrative delays, reduced government operations, and shifting policy interpretations create uncertainty for all personnel relying on earned benefits and retirement eligibility. Even those not directly targeted may face obstacles in planning their careers, navigating appeals, or securing timely access to benefits. This environment underscores the importance of strong legal protections and oversight to ensure that all LGBTQ+ service members and federal employees receive fair treatment and due process.

Government Shutdown Complications

The ongoing government shutdown further complicates the situation. Limited operations in military and federal offices slow the processing of appeals, retirement applications, and administrative remedies. Federal courts, operating with reduced staffing, are also experiencing delays, slowing the adjudication of constitutional and administrative claims. This combination of policy reversals and shutdown-related delays increases the risk that personnel may be separated or denied benefits before their claims can be fully reviewed.

Legal Remedies and Next Steps

Affected service members and federal employees may pursue several avenues:

  1. Administrative Appeals: Filing appeals within the Department of Defense or relevant federal agency.
  2. Judicial Review: Seeking federal court adjudication on constitutional and administrative law grounds.
  3. Class Action Litigation: Addressing systemic effects when multiple personnel are impacted.

Engaging experienced counsel specializing in military and federal employment law is essential to protect rights and benefits.

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Disclaimer:
This update is for informational purposes and does not constitute legal advice. Service members and federal employees should consult an attorney specializing in military or federal employment law for guidance.

About the Law Offices of David P. Sheldon, PLLC:
The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., provides expert legal representation to military service members and federal employees facing legal challenges. Specializing in military justice, veterans’ rights, and federal employment law, the firm is committed to protecting the rights, benefits, and careers of those who serve our nation.