For every federal employee, the phrase “career service” carries a promise — a guarantee that your work, your advancement, and your security are governed by merit, not politics or favoritism. That promise is enshrined in law under the Merit System Principles (MSPs), found in 5 U.S.C. § 2301.

These nine principles are the moral and legal backbone of the civil service — a commitment that every employee should be treated fairly, every decision should be based on ability, and every agency should operate with integrity and accountability.

At National Security Law Firm (NSLF), our federal employment lawyers have represented hundreds of federal employees who were demoted, removed, or retaliated against in violation of these core principles. This guide explains what the MSPs mean, how they protect you, and how to fight back when your agency ignores them.

What Are the Merit System Principles?

The Merit System Principles (MSPs) are nine statutory standards that govern every aspect of how the executive branch manages its workforce. Together with the Prohibited Personnel Practices (PPPs), they define what federal management must do and must never do when making personnel decisions.

According to the U.S. Merit Systems Protection Board:

“The merit system principles are nine basic standards that govern the management of the executive branch workforce and serve as the foundation of the Federal civil service.”

They are built around three themes:

  • Fairness — treating all employees and applicants equitably;

  • Protection — shielding employees from misuse of authority and retaliation;

  • Stewardship — managing the workforce wisely and in the public interest.

A Brief History of the Merit System

Federal employment originally operated under a spoils system — jobs were awarded based on political loyalty, not competence. The result was chaos, corruption, and inefficiency. The assassination of President James Garfield by a disgruntled job seeker finally spurred Congress to act.

  • The Pendleton Act of 1883 established merit-based hiring.

  • The Lloyd–La Follette Act of 1912 required that removals be based on legitimate reasons, not retaliation.

  • The Civil Service Reform Act of 1978 then codified the nine Merit System Principles and created the MSPB, OSC, and OPM to protect them.

The Nine Merit System Principles

Here’s what each principle means in practice, as outlined by the MSPB’s 2020 guide The Merit System Principles: Keys to Managing the Federal Workforce.

1. Recruitment, Selection, and Advancement

Recruitment should come from all segments of society, and selection and advancement should be determined solely by ability, knowledge, and skills after fair and open competition.

“Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society.”

2. Fair and Equitable Treatment

Employees and applicants must receive fair and equitable treatment in all aspects of employment, regardless of political affiliation, race, sex, age, disability, or other protected characteristics.

3. Equal Pay and Recognition

Federal employees are entitled to equal pay for work of equal value, with incentives and recognition for excellence in performance.

4. Integrity and Conduct

All employees must maintain high standards of integrity, conduct, and concern for the public interest, consistent with the ethical principles of public service.

5. Efficiency and Effectiveness

The federal workforce must be used efficiently and effectively to fulfill the mission of government. Efficiency cannot come at the expense of fairness.

6. Retention and Performance

Employees should be retained based on the adequacy of their performance, poor performance should be corrected, and separations should only occur after due process and opportunity to improve.

7. Training and Development

Agencies must invest in training that improves both organizational and individual performance.

8. Political Neutrality

Employees must be protected against arbitrary action, personal favoritism, or political coercion, and must not use official authority to interfere with elections.

9. Whistleblower Protection

Employees must be protected from reprisal for lawful disclosures of wrongdoing, waste, fraud, or dangers to public health or safety — the foundation of all modern whistleblower laws.

The Fourteen Prohibited Personnel Practices

The Merit System Principles are backed by enforcement teeth — the fourteen Prohibited Personnel Practices (PPPs), listed at 5 U.S.C. § 2302(b).

As summarized in the MSPB’s 2020 report, these include:

  • Discrimination on any protected basis;

  • Nepotism or political favoritism;

  • Retaliation against whistleblowers;

  • Obstructing fair competition;

  • Improperly influencing hiring;

  • Violating veterans’ preference laws; and

  • Taking or failing to take an action that violates the merit system principles themselves.

How the Merit System Principles Are Enforced

1. Merit Systems Protection Board (MSPB)

The MSPB is the federal government’s watchdog for merit fairness. It hears appeals of removals, demotions, and suspensions, ensuring actions comply with the MSPs.

2. Office of Special Counsel (OSC)

The OSC investigates allegations that agencies committed prohibited personnel practices, especially whistleblower retaliation. It can seek disciplinary or corrective action before the MSPB.

3. Office of Personnel Management (OPM)

The OPM oversees compliance with the MSPs and holds agencies accountable for effective, merit-based human resources management.

4. Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, which mirror the first and second Merit System Principles.

Common Violations We See at NSLF

  • “Reorganizations” used to sidestep due process.

  • Political favoritism in promotions and selections.

  • Targeted removals of whistleblowers or outspoken employees.

  • Retaliatory reassignments labeled as “management decisions.”

  • Constructive removals (forced resignations) disguised as voluntary departures.

Each of these undermines the merit system — and each can be challenged through the MSPB, OSC, or EEOC, depending on the violation.

Appeal and Settlement Strategies

  1. Identify the Violation.
    Determine which Merit System Principles were breached and which prohibited personnel practices apply.

  2. File the Correct Appeal.

    • MSPB for removals, suspensions, or demotions.

    • OSC for whistleblower retaliation.

    • EEOC for discrimination or harassment.

  3. Use Evidence Strategically.
    Gather documentation showing bias, inconsistent application of standards, or retaliatory motives.

  4. Negotiate Proactively.
    Leverage the agency’s exposure to seek reinstatement, back pay, or a clean SF-50 settlement protecting your record.

  5. Protect Your Future Employability.
    Every NSLF settlement is designed not just to resolve your case—but to preserve your clearance, your pension, and your reputation.

Why Choose NSLF

When federal agencies break the merit system, we make it right.

  • 4.9-star Google rating from clients nationwide.

  • Former agency counsel who know federal procedures from the inside.

  • Washington, D.C. headquarters at the center of MSPB and OSC activity.

  • Nationwide representation before all federal forums.

  • Attorney Review Board ensures every case is strategically vetted.

  • Veteran-founded, mission-driven, and results-focused.

Our attorneys—Jeff Velasco, Danielle Moora, and Karen Hickey—spent decades inside DHS, TSA, and CBP. They helped write the rules that define merit fairness. Now, they use that knowledge to defend your rights.

Explore the Federal Employment Defense Resource Hub

For more strategies, guides, and case studies on defending your federal career, visit our Federal Employment Defense Hub.

Inside you’ll find:

  • Step-by-step appeal guides for MSPB, OSC, and EEOC cases.

  • Insider analysis of prohibited personnel practices.

  • Detailed breakdowns on how to maximize case value and protect your record.

Also see: Finding the Best Federal Employment Lawyer—Why Local Isn’t Always Better.

Book a Free Consultation

If your agency violated the Merit System Principles, you don’t have to accept it. Whether you’ve been removed, demoted, or retaliated against, our attorneys can help you fight back—and win.

Book your free consultation today.

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