A coalition of federal labor unions has asked a judge to block the Trump administration from using a controversial job application question that critics say assesses an applicant's loyalty to the president's political agenda.
The 'Loyalty Question' at the Heart of the Lawsuit
In a lawsuit filed earlier this month, the unions argue that the White House's "merit hiring plan" violates constitutional rights. The contentious element is a short essay question introduced by the Office of Personnel Management in May. It asks applicants: "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."
Following public criticism, the White House stated that answering the question was optional and claimed applicants would not be penalized for skipping it. However, the legal group Democracy Forward, which is assisting the unions, revealed that this "loyalty question" currently appears in more than 6,000 federal job postings.
Federal Employees Speak Out Anonymously
As part of the litigation, several federal employees submitted anonymous declarations, fearing retaliation from their agencies. Their testimonies highlight the chilling effect of the question.
A Colorado-based employee of the Department of Education said the question has prevented them from applying for a new federal job. "Honesty is important to me, and I cannot in good conscience pretend to agree with President Trump’s policies," the worker attested. "Even if the question is supposed to be optional, I believe it would be used against me if I don’t answer. After all, the question is there for a reason."
An information technology worker at the Department of Veterans Affairs, who was seeking a more secure job, was "taken aback" upon encountering the question. "This question is a clear violation of my free speech rights and it goes against everything that the United States stands for," the employee declared. "As a civil servant, I do not have to profess loyalty to a particular President. I instead profess loyalty to the Constitution."
Another VA employee admitted to answering the question out of fear their application would be discarded otherwise. "To answer, I had to look through President Trump’s executive orders, the vast majority of which I disagreed with, to find one that I could discuss at least somewhat positively," the worker recounted. "I would not have done so if not for the question on job applications."
A Broader Effort to Politicize the Civil Service
The unions contend that the question creates an "unconstitutional" and discriminatory system where job-seekers are rewarded or punished based on their political views. They see the hiring plan as part of a larger initiative by President Trump to politicize the traditionally nonpartisan civil service, raising concerns about a return to a spoils system where government jobs are given to political supporters.
On Wednesday, the unions formally requested a preliminary injunction to prevent the administration from using the question while the lawsuit proceeds. This legal action seeks to protect the integrity of the federal hiring process and the constitutional rights of its workers.
