Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Labor unions challenge ‘loyalty question’ on federal civil service job applications, (Nov 10, 2025)
Organizations Mentioned:American Federation of Government Employees | Office of Personnel Management | U.S. House of Representatives
By Brandi O. Brown, J.D.
“Despite the lapse in government funding, and the furloughing of hundreds of thousands of federal workers,” the unions contend, “the government continues to post new job opportunities, with a new and unlawful essay seeking loyalty to President Trump.”
The American Federation of Government Employees (AFGE), American Federation of State, County and Municipal Employees (AFSCME), and National Association of Government Employees, Inc. (NAGE) filed a lawsuit late last week challenging a new “loyalty question” that has been included on federal civil service job applications. According to the complaint, applicants are being asked to identify one or two of President Trump’s Executive Orders or policy initiatives that are “significant” to them and explain how they would help advance them if hired.
Jobs posted since shutdown commenced. More than 1,700 job posts have gone up with the essay question included since October 1, 2025, they contend, while at the same time hundreds of thousands of federal workers have been furloughed.
They allege that OPM has violated the First Amendment rights of applicants by conditioning employment on particular political viewpoints, compelling applicants to praise the president’s orders and policies, chilling the protected speech of other applicants who fear retaliation, and enabling and facilitating viewpoint discrimination.
“Forcing job applicants to answer politically motivated questions comes straight from the Project 2025 playbook, which aims to replace dedicated, nonpartisan public servants with workers chosen for their political loyalty rather than their qualifications or their oath to uphold the Constitution,” said AFGE National President Everett Kelley. “This isn’t just illegal, it also harms our members and all Americans by depriving them of opportunities to serve their country and by undermining a skilled, nonpartisan workforce.”
“Federal workers chose jobs in public service because they want to help others — not to serve political or corporate interests,” said AFSCME President Lee Saunders.
“For over a century, the merit-based civil service has been a cornerstone of our democracy, safeguarding it from corruption and political interference,” said David J. Holway, National President of the National Association of Government Employees (NAGE). “The administration’s loyalty essay requirement is a direct assault on that legacy and on every public servant’s oath to uphold the Constitution.”
OPM plan and guidance. This question previously appeared in a “Merit Hiring Plan” issued by the Office of Personnel Management in May, which led to questions and concerns being raised by Members of the U.S. House of Representatives. Subsequent guidance issued by OPM appeared to add guidelines to how answers would be considered.
The lawsuit was filed in the U.S. District Court for the District of Massachusetts; the case is No. 1:25-cv-13305.
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