Federal Workers Sue Trump Management Over Politicized Out-of-Office Messages
A federal workers union has filed a lawsuit alleging the Trump administration violated the First Amendment rights of Department of Education employees by inserting partisan language into their automated out-of-office email replies during the 2025 government shutdown. The suit, filed in a court in Washington, D.C.,on Friday,argues that forcing civil servants to convey a political message constitutes a blatant overreach of executive power. The lawsuit marks the first legal challenge to the administration’s practice of using government communications to assign blame for the shutdown to congressional Democrats.
The dispute centers on an automated message that appeared in the out-of-office replies of furloughed Department of Education employees. The message stated: “Thank you for contacting me. On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Regrettably, 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.”
Multiple employees reported being surprised by the message, stating they did not author it and were not informed it would replace their existing out-of-office responses. The language also deviated from model messaging provided by the department in preparation for the shutdown, according to the lawsuit.Attempts by some staffers to revert to their original messages were reportedly unsuccessful, with the partisan language automatically reinstated.
“Without giving notice to their employees, let alone obtaining their consent, the Department of Education has replaced employees’ out-of-office email messages with partisan language that blames ‘Democrat Senators’ for the shutdown,” the complaint alleges. “Employees are now forced to involuntarily parrot the Trump Administration’s talking points with emails sent out in their names.”
The Education Department responded to a request for comment from NPR with the same automated out-of-office message. Prior to the lawsuit’s filing, Madi Biedermann, deputy assistant secretary for communications, defended the practice in a statement to NBC News, asserting, “The email reminds those who reach out to Department of Education employees that we cannot respond as Senate Democrats are refusing to vote for a clean CR and fund the government. Where’s the lie?”
Legal experts suggest the administration’s actions may also violate federal ethics laws. The Hatch Act prohibits political activity by federal employees while on duty, including communications that advocate for or against a political party. “Here, while the reference to Democrats alone likely does not constitute a violation, the explicit blaming of the Democratic Party for the shutdown and ‘reference to radical left’ may constitute a violation,” explained Michael Fallings, a partner at Tully Rinckey, an employment law firm.
The concerns extend beyond the Department of Education. Representative Robert Garcia of California, the ranking Democrat on the House Committee on Oversight and Government Reform, has requested an investigation by the U.S. Office of Special Counsel into the administration’s broader use of agency websites and official emails to promote what he calls a “false, partisan Republican political agenda.” The Office of Special Counsel, however, is currently operating with an acting director and was closed during the shutdown, according to its website.
Numerous federal workers have voiced their concerns, with one individual stating anonymously, “As a professional civil servant and human being I find the rhetoric shocking, offensive, and jarring.” Similar concerns arose regarding a weekly newsletter from the Department of Veterans Affairs, titled “How the government shutdown impacts VA,” which also attributed blame to Democrats for blocking a continuing resolution.
A veteran who received the newsletter expressed concern about the politicization of a resource intended to provide information on benefits, stating, “I think the politicization of a VA newsletter which is intended only to let us know of our benefits should also be reported on.” The VA press secretary, Pete Kasperowicz, defended the newsletter, claiming the message was “100% factual.”
The lawsuit filed by the AFGE represents a significant challenge to the Trump administration’s dialog strategy during the shutdown, raising basic questions about the limits of executive power and the rights of federal employees to remain neutral in the political arena. .
