Federal Workers’ Union sues Trump administration over partisan shutdown messaging

The American Federation of Government Employees (AFGE), the nation’s largest federal employee union, filed a lawsuit on Oct. 1 against the U.S. Department of Education and Education Secretary Linda McMahon, alleging that the Trump Administration unlawfully compelled federal employees to distribute partisan political messages during the ongoing government shutdown.

The complaint, filed in federal court in Washington, D.C., claims that the Department of Education altered employees’ out-of-office email responses to include language blaming “Democrat Senators” for the shutdown — without notifying or seeking consent from staff. The lawsuit argues that this action violates federal employees’ First Amendment rights and contravenes the Hatch Act, which prohibits political activity by federal workers while on duty.

According to many Department of Education employees who reached out to The Educator’s Room, they were surprised to see the following message inserted into their out-of-office replies: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371 in the Senate, which has led to a lapse in appropriations. Due to the lapse in appropriations, I am currently in furlough status. I will respond to emails once government functions resume.”

The AFGE contends that this forced messaging transforms nonpartisan civil servants into unwilling participants in political propaganda.

These messages are a direct violation of the Hatch Act, which says that “[a]n employee may not engage in political activitywhile the employee is on duty.” 5 U.S.C. § 7324(a)(1). The statute does not define “political activity,” but Office of Personnel Management regulations define “political activity” as “an activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.” 5 C.F.R. § 734.101.

“This whole-of-government approach to partisan messaging is unprecedented,” the complaint reads. “Forcing civil servants to speak on behalf of the political leadership’s partisan agenda is a blatant violation of federal employees’ First Amendment rights.”

The lawsuit cites similar partisan messages appearing on official websites for several agencies, including the Departments of Housing and Urban Development, Justice, Agriculture, and Treasury. Screenshots of those websites reportedly included language blaming “the Radical Left” or “Democrats” for the shutdown.

A Department of Education spokesperson defended the agency’s messaging, saying, “The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean continuing resolution and fund the government. Where’s the lie?”

AFGE, which represents approximately 800,000 federal civilian employees and more than 2,000 at the Department of Education, is seeking an injunction to stop the administration from altering employee communications. The union is also requesting a court declaration that the department’s actions are unlawful.

The government shutdown, which began on October 1, 2025, followed a lapse in appropriations after negotiations between Congress and the White House failed. With 87% of the Department of Education’s staff furloughed, communication disruptions have already affected schools, universities, and financial aid programs nationwide.

Legal experts note that the case raises significant questions about the boundaries of executive power and the political neutrality of the federal workforce. If the court rules in AFGE’s favor, it could set a major precedent limiting how administrations communicate during politically charged shutdowns.

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