5 U.S.C. § 7542
Actions covered
This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under section 1215 of this title, to a suspension or removal under section 7532 of this title, or to a removal under section 3592 or 3595 of this title.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 1983–2026 · leading case: Maria Esparraguera v. Dep't of the Army, 101 F.4th 28 (D.C. Cir. 2024).
Maria Esparraguera v. Dep't of the Army, 101 F.4th 28 (D.C. Cir. 2024). “; see 5 U.S.C. § 7542 . The government argues that because Congress did not use the same language in Section 7543 and Section 3592(a)(2), Section 3592(a)(2) should not be interpreted as equivalent to a for-cause provision.”
Senior Executives Ass'n v. United States, 576 F. Supp. 1207 (D.D.C. 1983). “(2) SES employees have no right to challenge poor performance ratings, 5 U.S.C. §§ 7542 , 7543, and 7703(a) unless they are removed, in which case they may request an informal hearing before an official designated by the Merit System Protection Board.”
Palmeri v. MSPB (Fed. Cir. 2026). “Typical SES employees are entitled to the same process most other federal employees receive when they are re- moved from the civil service, 5 U.S.C. § 7542 , including ap- peals to the Board.”
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