---
kind: "section"
citation: "6 C.F.R. § 158.901"
title: "6"
number: "158.901"
heading: "Federal employee rights and processes."
url: "https://uscodex.org/cfr/6/158.901"
---

# §158.901. Federal employee rights and processes.

- (a) **Adverse actions—** Nothing in this part affects the rights of CS employees under 5 U.S.C. Chapter 75, 5 U.S.C. 4303, and 5 CFR parts [432](/cfr/5/part432.md) and [752](/cfr/5/part752.md).
- (b) **Reductions in force.** The provisions of 5 U.S.C. Chapter 35, Subchapter I and [5 CFR part 351](/cfr/5/part351.md) regarding reductions in force apply to talent management actions taken under this part.
- (c) **Redress with third parties.** Nothing in this part affects the rights, as provided by law, of a DHS-CS employee to seek review before a third party of a talent management action taken under this part involving that employee, including seeking review before the:
  - (1) Equal Employment Opportunity Commission, regarding discrimination under Federal anti-discrimination laws;
  - (2) Merit Systems Protection Board, regarding matters such as adverse actions under 5 U.S.C. Chapter 75 or Chapter 43 and individual rights of action under 5 U.S.C. Chapter 12;
  - (3) Office of Special Counsel, regarding matters such as whistleblower retaliation and other prohibited personnel practices under [5 U.S.C. 2302](/usc/5/2302.md) and the Hatch Act ([5 U.S.C. 7321](/usc/5/7321.md) et seq.); and
  - (4) Department of Labor, regarding matters covered by the Uniformed Services Employment and Reemployment Rights Act ([38 U.S.C. 4301](/usc/38/4301.md) et seq.).
- (d) **Back pay.** Back pay remains available under 5 U.S.C. [5596](/usc/5/5596.md) and [5](/usc/5/5.md) CFR [part 550](/cfr/6/part550.md), [subpart H](/cfr/6/subpartH.md), for unjustified or unwarranted talent management actions.

## Notes

### Authority

Authority: 6 U.S.C. 658. Subpart H also issued under 5 U.S.C. Chapters 41 and 43; 5 CFR parts 410 and 430.

### Source

Source: 86 FR 47893, Aug. 26, 2021, unless otherwise noted.