A lawsuit has been filed by the Federal Workers Union against the Trump administration, sparked by automated email responses from education employees that attributed the government shutdown to the Democrats.
The Federation of Governments (AFGE), along with the Fore Democracy and Public Citizens’ Litigation Group, has issued letters regarding suspensions and has taken legal action against the Department of Education concerning the political tone of staff email replies.
“Federal employees are already dealing with financial stress due to a lack of salary from this government shutdown, which is politically motivated,” stated AFGE National President Everett Kelly.
“Now, the administration is intentionally infringing on the rights of Department of Education workers by substituting their out-of-office messages with partisan political language, without the employees’ consent,” he continued.
The Education Department was contacted for comments.
Following the recent government shutdown, on September 19, 2025, the House of Representatives passed HR 5371. Education department employees sent emails supporting a continuous resolution. Unfortunately, Senate Democrats are obstructing HR 5371’s progress, causing budget delays.
Democrats are withholding necessary votes to push for an extension of the Affordable Care Act Premium Subsidy and to reverse Medicaid cuts. However, Republicans are unwilling to negotiate on these matters, leaving Washington lawmakers at an impasse.
House Republicans are being sent home and are expected to return mid-October, provided Senate Democrats approve a bill to maintain government funding levels through November 21st.
Despite a lack of recent progress, the lawsuit claims federal employees are being unfairly positioned as “mouthpieces” in the political struggle.
“It’s uncomfortable for the government to use federal workers for partisan purposes,” noted Cormac Early, a lawyer with the Public Citizens’ Litigation Group.
“Government employees have the First Amendment right not to be used as political spokespersons against their will,” he added.
One employee reported to NBC News that they initially flagged the partisan nature of the responses, noting attempts to revert to non-partisan messages were overridden by authorities.
The lawsuit claims these messages contravene the Hatch Act, a federal law established in 1939 that prohibits federal employees from engaging in partisan activities, particularly affecting those who manage federal funding programs.
“This widespread approach to partisan messaging is unprecedented and contradicts established regulations like the Hatch Act,” the lawsuit states.
“Moreover, what’s particularly detrimental is the administration’s attempt to co-opt the voices of neutral civil servants to deliver political messages,” it adds.
