Federal Union Sues Trump Admin Over Political OOO

The American Federation of Government Employees, a union representing federal workers, sued the Trump administration Friday, challenging the automated out-of-office email responses it placed on many employees’ email accounts when the government shut down. 

The message, which was placed on the email accounts of all furloughed staff members without their consent, blamed Democrats in the Senate for causing the shutdown.

AFGE’s members, who will be represented by the legal firms Democracy Forward and Public Citizen Litigation Group, argue in the complaint that the message Trump attached to their email accounts is “partisan political rhetoric.” Not only does it violate the Hatch Act, a federal law that requires nonappointed government staff to stay nonpartisan, but it also violates the First Amendment rights of the individual employees, they argue. 

“The Trump-Vance administration is losing the blame game for the shutdown, so they’re using every tactic to try to fool the American people, including taking advantage of furloughed civil servants,” Skye Perryman, president of Democracy Forward, said in a news release. “Even for an administration that has repeatedly demonstrated a complete lack of respect for the Constitution and rule of law, this is beyond outrageous. The court must act immediately to stop this flagrant unlawfulness.”