Thoughts On The Protection Of The Federal Workforce
Archer | CLMI
A very recent and protracted government shutdown, as partisan driven and politically charged as it was, put a fresh and needed spotlight on federal workers. The experience, in some way, offered a silver lining, forcing American’s to revisit the critical importance of federal workers, all playing a vital role in keeping the nation running efficiently and effectively. They ensure everything from public safety and security to providing essential health and social services, and maintaining national parks. Federal workers, more specifically and less realized, manage and protect critical federal lands, all while processing Social Security benefits, protecting elected officials and airports, along with controlling air traffic. To put it simply, federal workers are the backbone of American life, providing programs and services that millions of Americans rely on every day.
Their payroll, according to Pew Research Center, “ … has grown steadily” in recent years (until the current Trump administration began reversing those trends) …
Yet, their share of the overall U.S. workforce is declining …
Post-shutdown and other events (including the January 6th attack on the U.S. Capitol in 2021 and other security threats) should lead to a discussion on how federal workers can receive fair treatment and safe working conditions - along with respect for the vital work they do. Federal laws and unions do exist to protect their rights, negotiate benefits and address workplace issues while creating a safer and more supportive environment. However, is that enough?
In 2023, there were approximately 2.57 million recorded cases of non-fatal workplace injuries and illnesses in the United States, along with about 5,290 fatal injuries: That means, on average, every 99 minutes a person dies from a work related injury. While that number represents a 3.7% decrease from 2022. The impact of these tragedies remains significant. Transportation related incidents accounted for around 1,500 in 2023. Which is a 7.7% decrease from the previous year meanwhile, private industries, especially construction, accounted for 1,080 deaths.
Yet, data on non-fatal workplace injuries and fatalities for federal workers remains almost unavailable. The most recent information is from 2018, when federal workers filed 107,000 claims. The Occupational Safety and Hazard Administration reports nearly 11,000 claims are reported each year - that’s about 0.000428% of the national rate.
Legal Protections
Legal protections helping federal workers are supposed to ensure they are treated fairly and are safe, in respectful workplaces. One of the earliest protections was the Fair Labor Standards Act
The FLSA of 1938, which established the federal minimum wage, overtime pay and child labor laws to ensure fair pay and treatment for all employees. The Occupational Safety and Health Act (OSHA) of 1971 created the administration, which sets and enforces workplace safety standards to prevent injuries and illnesses. The Family and Medical leave act ( FLMA) of 1993 gives eligible employees up to 12 weeks of unpaid, job protected leave for family or medical reasons, such as caring for a newborn or recovering from a serious illness.
In addition, the Civil Service Reform Act of 1978 provides an extra layer of protection for federal workers from unfair treatment or retaliation and guarantees merit based hiring and promotions. The Equal Pay act of 1963 requires men and women to receive equal pay for work, reducing wage discrimination. The Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin,promoting fairness and equity in the workplace. Finally, the Americans with Disabilities Act (ADA) of 1990 ensures that workers with disabilities have equal employment opportunities and reasonable accommodations. These laws apply to all U.S. workers, including federal.
Challenges and Gaps
That conversation on labor protections unravels concerns over dramatic changes to the federal workforce creating uncertainty, affecting job security and well-being. The ongoing government shut down and threats of layoffs have created uncertainty for thousands of employees. But, while on the job, federal workers are fast losing key on-site protections, as the Economic Policy Institute notes …
[The Trump administration and the Department of Government Efficiency] have attacked critical worker protection agencies, including those responsible for worker health and safety standards. Specifically, the administration fired nearly two-thirds of the staff (roughly 870 employees) at the National Institute for Occupational Safety and Health (NIOSH), an agency created to ensure safe and healthy working conditions. This reduction essentially eliminated divisions of the agency focused on the health and safety of miners, firefighters, and health care workers. The administration also stalled the implementation of a rule that would protect miners from silica exposure, leaving miners less safe and at greater risk for black lung disease. And the administration fired 90% of the staff at an office in the Department of Labor (DOL) who ensure that federal contractors abide by anti-discrimination laws and canceled grants for programs to combat forced and child labor around the world, which also protect jobs and workers in the U.S. by deterring unfair competition from imports produced with forced labor.
The president also attacked workers’ union and collective bargaining rights and the independent federal agency tasked with protecting these fundamental labor rights. He fired National Labor Relations Board (NLRB) Member Gwynne Wilcox for “unduly disfavoring the interests of employers”—making very clear his expectation that the NLRB members side with employers if they don’t want to lose their jobs.
Budget cuts to certain federal programs have reduced resources, forcing many workers to do more with less support. Staffing shortages and heavier workloads are a major burden for those who remain. Less discussed is rising political and partisan discontent toward the federal government that has, in the past, translated into violence. The justification for agency cuts point to waste in federal spending, yet, as Marketplace reports, federal employee salary is just 5% of federal spending and no more than 1% of Gross Domestic Product (in other developed countries, it’s 5%).
Many employees faced frozen pay or reduced benefits during the recent shutdown (even though back pay was restored). That, along with agency disruptions, places an enormous strain on worker finances, and the ability to keep up with rising living costs, considering more than half of federal workers make less than $100,000 per year (the largest share of the federal workforce, at 18%, makes less $70,000).
Recent Debates And Changes
Federal workers faced major challenges as the government dealt with budget issues and the longest shutdown in U.S. history - and will continue to with another potential shutdown early next year if negotiations don’t work. Around 750,000 federal workers were furloughed, meaning they were temporarily placed on unpaid leave, While the White House eventually provided back pay for furloughed workers, the experience still left many families uncertain about incomes or whether federal employment, once celebrated among the most secure of professions, is indeed that secure. And the financial instability put some strain on businesses and others.
Federal workers play a crucial role in keeping our government functioning and delivering essential services. Despite political challenges, budgets cuts and government shutdown, these employees continue to work tirelessly. The future of long that lasts remains unresolved.
LOLA ARCHER is a Fellow at the Civic Literacy and Media Influence Institute at Learn4Life
