A federal judge in Boston has blocked the US government from continuing to ask applicants for career civil-service positions to answer an essay question concerning how they would advance President Donald Trump’s policies and executive orders.
Three public-sector unions challenged the practice, arguing that the question effectively tested applicants’ political loyalty and undermined the nonpartisan character of the federal civil service.
US District Judge George O’Toole found the challengers were likely to succeed in establishing that there was no legitimate governmental interest in examining the political beliefs of applicants for career civil-service vacancies.
The judge further concluded that the measure likely violated the Administrative Procedure Act because of its implications for First Amendment speech rights. Federal law already prohibits employment decisions for career jobs on the basis of political affiliation.
According to the unions, more than 70,000 federal job postings had included the disputed question. The Office of Personnel Management had previously maintained that the question was optional and was not intended to assess political beliefs.
The case carries broad implications for public-service law: while elected administrations are entitled to pursue their policies, career officials have traditionally been recruited through a merit-based system intended to survive changes in political leadership.
Source: Reuters
