Labor & Employment Law Daily Wrap Up, AGENCY NEWS—OPM appears to walk back ‘loyalty test’ for federal workers, (Jul 8, 2025)
Organizations Mentioned:Office of Personnel Management
By Brandi O. Brown, J.D.
“The questions also must not be used to impose an ideological litmus test on candidates,” OPM has now instructed. “If an applicant does not answer the questions along with their application, they will not be disqualified or screened out.”
At the end of May, in a memorandum to various federal agency heads regarding a new “Merit Hiring Plan” issued by Vince Haley, the Assistant to the President for Domestic Policy, and Charles Ezell, Acting Director, U.S. Office of Personnel Management, those Trump Administration officials set forth their response to Executive Order 14170.
Questions announced. As part of a key element to executing their “merit hiring plan” in response to E.O. 14170, they announced that all federal job vacancy announcements grade at GS-05 or above should include four essay questions, as follows:
How has your commitment to the Constitution and the founding principles of the United States inspired you to pursue this role within the Federal government? Provide a concrete example from professional, academic, or personal experience.
In this role, how would you use your skills and experience to improve government efficiency and effectiveness? Provide specific examples where you improved processes, reduced costs, or improved outcomes.
How would you help advance the President’s Executive Orders and policy priorities in this role? Identify one or two relevant Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired.
How has a strong work ethic contributed to your professional, academic or personal achievements? Provide one or two specific examples, and explain how those qualities would enable you to serve effectively in this position.”
Backlash. A few days later, U.S. Representative Stephen F. Lynch (D-MA), in a letter to Ezell, urged the OPM to withdraw this new “loyalty” test, emphasizing that administering such a test would politicize the federal workforce and undermine the purposefully nonpartisan nature of the civil service. Lynch noted that every federal worker is required to take an oath of office stating that they will “support and defend the Constitution of the United States against all enemies, foreign and domestic.” However, that oath does not require federal workers to swear to protect and defend executive orders or policy initiatives, the letter explained. It does not require workers have loyalty to a president or to a political party. The memorandum’s guidance endangers the quality of the civil service by prioritizing loyalty over expertise and imperils the government services relied upon by Americans.
Backtracking? Now, in a bulletin sent on June 23, 2025, OPM has provided CHCOs, Deputy CHCOs, and Human Resources Directors with “additional guidance” on the use of those questions. All Federal competitive service job vacancy announcements graded at GS-05 or above will include those questions, it states, “with the exception of announcements for teachers, Wage Grade employees, and seasonal workers.” OPM notes that agencies “may exempt other positions from use of the questions in their discretion, where they determine that such an exemption is appropriate for the position. While agencies are encouraged to use these questions for competitive merit promotion hiring (both internal and external), it is not a requirement.”
It states:
“Answers to these questions are not scored or rated. Agencies should treat responses to these questions in the same way they would treat the submission of a cover letter. (The appropriate use of cover letters is addressed at Page 4-1 of OPM’s Delegated Examining Handbook). The questions give candidates an opportunity to provide additional information about themselves, their background, and dedication to public service, but must not be used as a means of determining whether the candidate fulfills the qualifications of a position. The questions also must not be used to impose an ideological litmus test on candidates. If an applicant does not answer the questions along with their application, they will not be disqualified or screened out.” [emphasis added]
Review of answers. It also notes that the answers to the questions “will be reviewed only by the hiring manager and agency leadership (or a designee), as part of an application packet forwarded to the manager and later to agency leadership if the candidate is recommended for selection.” And it states that “[h]iring managers and agency leaders or designees must only use the questions in accordance with Merit System Principles, and should additionally be mindful of Prohibited Personnel Practices.”
Finally, the bulletin adds that applicants should be given the following instructions:
“The following four narrative questions provide an opportunity for you to
highlight your dedication to public service for the hiring manager and agency leadership (or designee(s)). While your responses are not required and will not be scored, we encourage you to thoughtfully address each question. Please provide a response of 200 words or less to each question. You will be asked to certify that you are using your own words and did not use a consultant or artificial intelligence (AI) such as a large language model (LLM) like ChatGPT or Copilot.”
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