Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Lawsuit challenges Trump administration executive order rolling back civil servants’ rights, (Jan 31, 2025)
Organizations Mentioned:American Federation of Government Employees | American Federation of State, County, and Municipal Employees | Office of Personnel Management
By Patricia K. Ruiz, J.D.
The lawsuit asks for the regulations to be enjoined to allow the public to make their voices heard through the notice and comment process.
A lawsuit against the Trump administration filed by the American Federation of Government Employees (AFGE) and the American Federation of State, County, and Municipal Employees (AFSCME) challenges the administration’s efforts to use allegedly illegal executive orders to politicize the civil service. AFGE and AFSCME allege that President Donald J. Trump illegally exceeded his authority in attempting to unilaterally roll back a regulation protecting the rights of civil servants. The lawsuit also names as a defendant the Office of Personnel Management (OPM) for its role in failing to adhere to the Administrative Procedure Act.
On January 20, 2025, President Trump issued an executive order entitled, “Restoring Accountability to Policy-influencing Positions Within the Federal Workforce.” The EO announced the administration’s intent to reclassify many career civil servants into a new category of federal employees, stripping away their civil service protections so that they can be more easily fired. The EO purports to render inoperative certain provisions of regulations that both (1) set limits on the positions that can be exempted from civil service protections; and (2) guarantee that involuntarily reclassified employees are given advance notice and retain their civil service protections. The regulations were lawfully promulgated by the OPM and became effective May 9, 2024.
Notice and hearing. AFGE and AFSCME argued that they, like all members of the public, are entitled to notice and the opportunity to be heard regarding the government’s changes to the regulations protecting the rights of career civil servants before any changes are made. The EO instructs that the OPM treat these provisions as inoperative immediately, without notice and comment, in violation of the Administrative Procedure Act. The lawsuit asks for the regulations to be enjoined to allow the plaintiffs and the public to make their voices heard through the notice and comment process.
The lawsuit was filed in federal court in the District of Columbia; the case is No. 1:25-cv-00264.
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