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Federal Unions Sue OPM Over ‘Loyalty’ Essay in Merit Hiring Plan

The complaint says the prompt compels political speech, turning civil service hiring into a test of allegiance.

Overview

  • AFGE, AFSCME and NAGE filed the lawsuit in U.S. District Court in Boston challenging OPM’s May hiring plan.
  • The plan requires four essays for GS-5-and-above roles, including: “How would you help advance the President’s Executive Orders and policy priorities in this role?”
  • Union filings cite OPM training and guidance indicating responses are weighed in selections and reviewed by senior political leadership despite assurances they are voluntary and not scored.
  • The questions appear across thousands of career postings, with at least 5,800 overall and more than 1,700 since October, spanning roles unrelated to politics.
  • OPM and the White House defend the prompts as lawful and optional, while the suit alleges First Amendment, Administrative Procedure Act and Privacy Act violations and no court ruling has been issued.