Government shutdowns create chaos. In the middle of furloughs, RIF notices, and missed paychecks, many federal employees are left asking: Was I chosen fairly—or was I targeted?

At the National Security Law Firm, we represent federal employees nationwide who believe shutdown decisions were misused to punish them or disproportionately harm certain groups. While agencies have wide discretion in managing shutdowns, the law still protects you from discrimination and prohibited personnel practices.

Can Shutdowns Be Used to Target Specific Employees?

On paper, shutdown furloughs and RIFs are supposed to be neutral, driven by funding lapses and program priorities. But in practice, managers may exploit the confusion of a shutdown to retaliate against critics, sideline whistleblowers, or push out employees they view as “trouble.”

Warning signs of targeting include:

  • You are furloughed or included in a RIF while similarly situated employees are retained.

  • Your name appears on a RIF list despite having stronger retention rights (tenure, veterans’ preference, performance ratings).

  • Shutdown-related decisions are tied to past grievances, whistleblowing, or EEO complaints.

  • Management makes comments linking your furlough or RIF to protected activity.

These patterns may indicate a prohibited personnel practice—such as retaliation for protected activity or discrimination disguised as a shutdown action.

Shutdowns and Discrimination: Who Is Most Affected?

Shutdowns may have a disparate impact on certain groups of federal employees. Even if agencies don’t intend discrimination, their decisions can still be challenged if they fall disproportionately on:

  • Older workers — Agencies sometimes classify positions held by older employees as “non-excepted,” sidelining them while younger employees continue working.

  • Women — Women are overrepresented in certain occupations (e.g., clerical, support, or part-time roles) that are more likely to be furloughed or cut in a RIF.

  • Minorities — Past data show minorities are often clustered in lower-graded positions, which may be first to go in workforce cuts.

  • Employees with disabilities — Shutdown chaos may disrupt reasonable accommodations, or result in disproportionate furloughs of disabled employees.

If furlough or RIF decisions create a pattern of disadvantage for a protected group, employees may have grounds for an EEO complaint under Title VII, the ADEA, or the Rehabilitation Act.

Your Legal Options

Federal employees who believe they were targeted or discriminated against during a shutdown have multiple avenues to fight back:

  • EEO Complaints — Discrimination or retaliation claims can be filed through the agency EEO office and, if necessary, appealed to the EEOC.

  • OSC Complaints — The Office of Special Counsel investigates prohibited personnel practices, including retaliation for whistleblowing or union activity.

  • MSPB Appeals — Furloughs of 30 days or less, as well as RIF separations, are appealable to the Merit Systems Protection Board.

  • Grievances — Unionized employees may also file grievances if shutdown decisions violate collective bargaining agreements.

The key is timing. Deadlines for EEO and MSPB filings are short—often as little as 30–45 days. Waiting can forfeit your rights.

How NSLF Helps

Our attorneys have decades of experience exposing retaliation and discrimination in the federal workplace. During a shutdown, we:

  • Analyze furlough and RIF decisions for patterns of bias or targeting.

  • File EEO, OSC, and MSPB complaints on tight timelines.

  • Defend whistleblowers and union activists against retaliation.

  • Build statistical evidence when shutdown actions disproportionately harm protected groups.

Shutdowns may be unprecedented, but your rights remain unchanged.

Why Choose NSLF?

  • Insider knowledge: Our team includes former JAG officers, federal agency lawyers, and clearance adjudicators who know how agencies make shutdown decisions.

  • 4.9-star Google reviews from federal employees nationwide.

  • Located in Washington, D.C., where shutdowns are planned, challenged, and fought.

  • Flexible legal financing with installment options (3–24 months).

  • Mission-driven: We fight to uncover unfair practices and maximize outcomes for our clients.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step?

If you suspect your furlough, RIF, or reassignment during the shutdown is really discrimination or retaliation, act now. Waiting only strengthens the agency’s defense.

📞 Book a $500 one-hour consultation online today. We’ll review your situation, explain your rights, and build a strategy to protect your career.

Your job is worth fighting for. We’ll make sure you don’t fight alone.

More Shutdown Resources for Federal Employees

The shutdown raises many legal questions beyond RIFs. We’ve built a series of guides to help you understand your rights and options:

Each post dives deep into a different issue—together, they form the most comprehensive resource online for federal employees navigating a shutdown.