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Three major federal worker unions have filed a lawsuit against the Trump administration, claiming that a newly added question in federal job applications violates the U.S. Constitution. 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) jointly sued the Office of Personnel Management (OPM) in federal court in Boston, arguing that the question unlawfully tests political loyalty.
The lawsuit targets a hiring reform implemented by OPM following a January executive order by President Donald Trump aimed at “restoring merit” to federal hiring. As part of the change, applicants are asked to respond to four essay questions—one of which the unions say is partisan. The controversial prompt asks: “How would you help advance the President’s Executive Orders and policy priorities in this role?” Applicants must also cite specific executive orders or policies they would support.
Union leaders argue this question forces job seekers to demonstrate political agreement with the president to be considered for employment, undermining the nonpartisan foundation of the federal workforce. AFGE President Everett Kelley condemned the move, calling it “illegal” and warning it could erode opportunities for skilled workers who serve without political bias.
OPM Director Scott Kupor, however, defended the process, stating the essay questions are optional and that political or ideological beliefs are not factors in hiring. He maintained that the hiring plan prohibits ideological tests and preserves the apolitical nature of government service.
The unions’ lawsuit asserts that the OPM’s directive infringes on First Amendment free-speech rights and violates the Privacy Act by conditioning federal employment on political conformity. The outcome could shape future standards for merit-based hiring in the U.S. civil service.
