Public Service Unions Sue Federal Government Over ‘Loyalty Question’ on Hiring Forms

BOSTON—A group of unions representing federal civil servants filed a lawsuit against the U.S. government on Nov. 6 over a proposed so-called “loyalty question” on hiring forms that would test fidelity to the Trump administration’s policy views.

The unions allege that one of four essay-response questions in the administration’s Merit Hiring Plan seeks to identify candidates’ political views during the hiring process, which it claims is impermissible under federal law. The question, as featured in the plaintiffs’ complaint, reads: “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.”

The unions contend that this question violates the First Amendment to the Constitution of the United States by “[conditioning] federal employment on espousal of political viewpoints favorable to President Trump” and by “compel[ing] speech pertaining to President Trump’s agenda by people who might disagree with this President’s agenda or simply prefer not to share their political views.”

The unions also say that the question violates three sections of the Administrative Procedure Act and are seeking an injunction against the question for federal hiring.

“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 Everett Kelley, the president of the American Federation of Government Employees (AFGE), the lead plaintiff in the case.

“Federal workers chose jobs in public service because they want to help others—not to serve political or corporate interests,” said Lee Saunders, the president of the American Federation of State, County, and Municipal Employees (AFSCME), another plaintiff in the case.

“These ‘loyalty tests’ put partisan politics over expertise, leading to a talent drain within vital agencies that will put public health and safety at deep risk,” Saunders said.

President Donald Trump signed an executive order on Oct. 15 requiring all federal departments and agencies—excluding some, such as the armed forces and positions related to immigration enforcement, national security, or public safety—to comply with the Merit Hiring Plan.

“This plan ensures we hire based on talent, dedication, and constitutional principles, delivering a government that works effectively for all Americans,” said Charles Ezell, the acting director of the Office of Personnel Management.

The lawsuit was filed in the U.S. District Court for the District of Massachusetts.

In an email to The Epoch Times, the Department of Justice stated that it had “no comment.”