Unions representing federal workers filed a lawsuit Thursday against the Trump administration, alleging that a new hiring requirement introduced by the Office of Personnel Management (OPM) includes an unconstitutional “loyalty question” meant to test political allegiance to the president.
The lawsuit — filed in federal court in Boston by the American Federation of Government Employees (AFGE), the American Federation of State, County, and Municipal Employees (AFSCME), and the National Association of Government Employees (NAGE) — argues that the question violates free speech rights under the First Amendment and undermines the long-standing nonpartisan nature of the federal civil service.
The White House did not immediately respond to a request for comment.
The ‘Loyalty Question’ at the Center of the Lawsuit
The unions’ legal challenge stems from a question that has appeared in more than 1,700 federal job postings since the start of October, as part of a broader overhaul of the civil service system under an executive order signed by President Trump in January.
The OPM plan, unveiled in May, requires applicants for federal jobs to respond to four open-ended essay questions. While most focus on qualifications and performance, one question stands out for its political nature, the unions claim:
“How would you help advance the President’s Executive Orders and policy priorities in this role?”
Applicants are also asked to “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.”
Union leaders argue that this question effectively forces applicants to express support for Trump’s policies or risk being disqualified — a move they say violates both the letter and spirit of the federal merit-based hiring system that has existed for over a century.
Unions Say Rule Undermines Nonpartisan Civil Service
“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,” said AFGE National President Everett Kelley in a statement.
The unions’ lawsuit contends that the requirement conditions government employment on political loyalty to the sitting president, violating applicants’ free-speech rights and discouraging dissenting viewpoints. They also argue that the inclusion of such a question is “arbitrary” and in violation of the Privacy Act, which limits the collection and use of personal information by federal agencies.
A Historic Break from Nonpartisan Tradition
The U.S. civil service has operated under principles of neutrality, with hiring and promotions based on merit rather than politics — a standard codified in the Pendleton Civil Service Reform Act of 1883 — though some argue that application of this standard has varied across prior administrations. Critics say the OPM’s new hiring rules threaten to erode that foundation by blurring the line between professional competence and political conformity.
The case is likely to become a significant test of how far a president can go in reshaping the federal workforce and whether civil servants can be compelled to demonstrate ideological alignment with an administration’s policies as a condition of employment.
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I voted for Trump but this is OUT OF LINE! It’s NOT OK and he doesn’t have the right to add such questions to job applications! If I applied for a job and had such questions to complete a form, I would immediately find a constitutional attorney and sue the President! He’s asking for a personal class action lawsuit and deserves to be sued!