ALSOBROOKS, BLUMENTHAL, VAN HOLLEN, AND WALKINSHAW INTRODUCE NEW LEGISLATION TO PROTECT FEDERAL WORKERS’ RIGHT TO APPEAL ILLEGAL AND UNFAIR FIRINGS

The bicameral Fair Access to Swift and Timely (FAST) Justice Act establishes a private right of action for fired federal employees

October 7, 2025

[WASHINGTON, DC] - U.S. Senators Angela Alsobrooks (D-MD), Richard Blumenthal (D-CT), and Chris Van Hollen (D-MD) and U.S. Representative James Walkinshaw (D-VA) today announced new legislation aimed at providing timely relief for federal workers who are illegally fired or experience other unjust prohibited personnel practices.

The Fair Access to Swift and Timely (FAST) Justice Act provides federal workers with a private right of action if the Merit Systems Protection Board (MSPB), an independent agency that adjudicates employee appeals, does not act within 120 days of an employee filing an appeal. Under the FAST Justice Act, employees would have the opportunity to file their case in a U.S. district court to seek justice.

"For the last 9 months, President Trump and Russ Vought have pursued a callous witch hunt against our patriotic civil servants, including dismantling federal employee's pathway to relief after wrongful terminations. I will do everything I can to protect Maryland's civil servants - and civil servants across the country from unjust attacks. Our FAST Justice Act ensures that federal employees have a right to timely action on appeals they file before the Merit Systems Protection Board," said Alsobrooks.

"Our measure helps federal employees who have been illegally fired by the Trump Administration get the justice they deserve. The Trump Administration's efforts to undermine the independent MSPB have already resulted in significant delays for fired federal workers seeking relief. President Trump's continued threats to illegally lay off even more of the federal workforce make the FAST Justice Act all the more necessary to ensure workers can appeal the Administration's partisan and unjust decisions in a timely manner," said Blumenthal.

"Donald Trump has been shutting down the government since Day One and in the process unfairly attacking our merit-based federal workers - dedicated civil servants who work on behalf of the American people to deliver essential public services. This legislation gives these workers new tools not only to confront these attacks, but also to protect the integrity of our federal workforce and the services they provide," said Van Hollen.

"Donald Trump and his OMB Director, Russ Vought, are openly plotting illegal mass firings of federal employees during a Republican-manufactured shutdown, which is blatantly against the law. Congress must act to protect the nonpartisan civil service that keeps our government running and serving the American people. By depriving the MSPB of a quorum, Trump's actions have blocked federal workers from getting timely relief when they are illegally fired or subjected to unjust practices. The FAST Justice Act restores that path to justice and shields workers from partisan retaliation. Our civil servants deserve the full protection of the law, not political punishment," said Walkinshaw.

The FAST Justice Act is cosponsored by U.S. Senators Tim Kaine (D-VA), Mark Warner (D-VA), Gary Peters (D-MI), Andy Kim (D-NJ), Tammy Duckworth (D-IL), Jack Reed (D-RI), Brian Schatz (D-HI), Cory Booker (D-NJ), and Alex Padilla (D-CA). The FAST Justice Act is endorsed by the American Federation of Government Employees (AFGE), Government Accountability Project, National Federation of Federal Employees (NFFE-IAM), National Active and Retired Federal Employees Association (NARFE), and the International Federation of Professional and Technical Engineers (IFPTE).

"The American Federation of Government Employees strongly endorses Sen. Blumenthal's legislation to protect the due process and appeals rights of federal employees when the Merit Systems Protection Board lacks a quorum," said Dr. Everett Kelley, AFGE National President. "Since the spring, the administration has acted in bad faith to deprive the MSPB of a quorum, making it impossible for federal employees to petition for speedy review of decisions by administrative judges that they believe were incorrectly reached. This legislation will protect the right of federal employees to challenge partisan political and other prohibited personnel practices and abuses by agency management when an administration seeks to curtail that right by cynically gaming the MSPB's quorum rules."

"Assuring federal employees will still have a day in court despite a dormant MSPB is a victory for taxpayers," said Tom Devine, Government Accountability Project Legal Director. "Otherwise, protection for those who challenge fraud, waste and abuse will be in indefinite limbo."

"It is a sad state of affairs when our nation's watchdog institutions are deliberately weakened by political partisans whose sole aim is to disrupt accountability and transparency in government," said Randy Erwin, NFFE-IAM National President. "In response to this troubling reality, this legislation provides a new path for those seeking justice: individuals denied relief by the Merit Systems Protection Board may petition the federal courts directly when the Executive Branch fails to carry out its responsibilities."

"The merit-based civil service works to ensure nonpartisan professionals faithfully carry out the laws passed by Congress with adherence to the U.S. Constitution," said William "Bill" Shackelford, NARFE National President. "The system protects against politically motivated terminations by allowing federal employees to appeal adverse actions to the Merit System Protection Board (MSPB). If the MPSB has no quorum, appeals to its authority may languish without action. This bill provides an alternative remedy when the MSPB is unable to hear a case in a timely manner, allowing public servants who may have been terminated for political reasons to file an action in federal court. With the president's termination of an MSPB member earlier in the year denying the body a quorum, now is a critical time to enact this bill into law."

"IFPTE is proud to support Senator Blumenthal's legislation establishing a private right of action for Merit Systems Protection Board appeals," said Matthew Biggs, IFPTE President. "The MSPB is a cornerstone of our merit-based civil service, ensuring that our government operates fairly, efficiently, and free from favoritism or retaliation, ultimately serving the American public. Because political inaction has too often obstructed and paralyzed the MSPB's ability to function in recent years, this legislation is essential to upholding accountability, protecting due process, and preserving the integrity of our merit system when the Board cannot act."

Since the Trump Administration fired an MSPB member earlier this year, the independent board has lacked the quorum necessary to make final decisions on appeal cases. This, coupled with the significant increase in appeals filed since the beginning of the year, threatens significant delays for federal workers who have sought to appeal unjust layoffs or other prohibited personnel practices by the Administration. Bill text for the FAST Justice Act can be found here.