White House sued over its "loyalist" hiring policy
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A coalition of unions representing federal workers filed a lawsuit against the White House Thursday over the inclusion of what they say is a partisan loyalty question included in the Trump administration's "merit-based" hiring plan.
Why it matters: The hiring plan is one piece of the White House's massive overhaul of the civil service — and plaintiffs say it amounts to a partisan loyalty test that is unlawful and violates the principles of a nonpartisan civil service.
Where it stands: The case was filed in the U.S. District Court for the District of Massachusetts on Thursday against the Office of Personnel Management, which released its hiring plan in May.
- Plaintiffs are from three unions: the American Federation of Government Employees; the American Federation of State, County and Municipal Employees; and the National Association of Government Employees.
- "One of the cornerstones of American democracy is a nonpartisan, career civil service based on merit, not political loyalty," per the suit, which cites civil service laws dating back to the 19th century.
Catch up quick: In May, OPM released its merit-hiring plan, meant to overhaul how the federal government hires — much of it implemented bipartisan hiring priorities.
- The Trump administration included four open-ended essay questions that could be used to evaluate candidates. Some relate to job performance like work ethic or efficiency.
The intrigue: One question was widely criticized: "How would you help advance the President's Executive Orders and policy priorities in this role?" The question asked candidates to identify "Executive Orders or policy initiatives that are significant to you, and explain how you would help implement them if hired."
Where it stands: The essay questions have appeared on over 5,800 job listings for career civil servants for positions that "have nothing to do with politics," per the lawsuit.
- Those include meat cutter at the Department of Defense and laundry worker at the Department of Veterans Affairs.
The other side: The White House and OPM said later that these questions are not mandatory.
- "The Merit Hiring Plan strengthens the career civil service by ensuring agencies evaluate applicants based on skills, experience and commitment to public service," OPM director Scott Kupor said in a statement Friday.
- "The plan prohibits any ideological litmus tests and reinforces the nonpartisan character of the federal workforce."
- "We have been very clear that hiring decisions cannot consider political or ideological beliefs, including in guidance that we issued on June 23 regarding the four essay questions."
Editor's note: This story has been updated with comments from the Office of Personnel Management.
