Government Personal Services Contracting and Antidiscrimination Laws: Tenure for Contractors?
Journal of Contract Management, Summer 2009
11 Pages Posted: 18 Apr 2012
Date Written: 2009
Civil service employees are thought to enjoy “tenure,” or job protection, which does not necessarily extend to personal services contract employees. Antidiscrimination laws, however, can be used to extend job protection to personal services contract employees. While contracting for personal services is generally prohibited, exceptions to the prohibition exist. As the federal government considers liberalizing the rules governing personal services contracts, policy makers must be aware of potential tangential effects, such as increased liability, that may nullify the benefits of these types of contracts. This paper discusses the prohibitions on personal services contracts and the applicability of antidiscrimination laws to the federal government when using personal services contract employees.
Keywords: personal services contracts, tenure, antidiscrimination, EEOC
JEL Classification: K31, K12, J71, H57
Suggested Citation: Suggested Citation