A coalition of federal employee unions has initiated legal action against the U.S. Office of Personnel Management (OPM), challenging the inclusion of a question in civil service job applications that they argue serves as a political loyalty test to the Trump administration. The lawsuit, filed in the U.S. District Court for the District of Massachusetts, contends that this requirement infringes upon constitutional rights and undermines the longstanding nonpartisan nature of the federal civil service.
The contentious question, introduced as part of OPM’s “Merit Hiring Plan,” 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.”
This question has appeared in over 1,700 federal job postings since October 1, 2025. The unions argue that it compels applicants to express political agreement with the current administration, effectively conditioning employment on political loyalty. They assert that this practice violates the First Amendment by forcing job seekers to either endorse the President’s policies or risk their employment prospects. Additionally, the lawsuit claims that the question breaches the Privacy Act by collecting unnecessary information about applicants’ political beliefs. ([protectdemocracy.org](https://protectdemocracy.org/work/illegal-loyalty-hiring-is-politicizing-the-civil-service/?utm_source=openai))
The American Federation of Government Employees (AFGE), the American Federation of State, County and Municipal Employees (AFSCME), and the National Association of Government Employees (NAGE) are the plaintiffs in this case. They are represented by Democracy Forward, Protect Democracy, and the law firm Keker, Van Nest & Peters LLP. AFGE National President Everett Kelley stated that the inclusion of politically motivated questions is illegal and harms members by depriving them of opportunities to serve their country, thereby undermining a skilled, nonpartisan … . ([keker.com](https://www.keker.com/news/news-items/keker-democracy-groups-protect-nonpartisan-civil-service-from-trump-vance-loyalty-test?utm_source=openai))
The unions emphasize that the federal civil service has been nonpartisan for over a century, and the introduction of such a question threatens this tradition. They argue that the administration’s actions are part of a broader strategy to replace career civil servants with political loyalists, as outlined in the administration’s Project 2025 plan. ([protectdemocracy.org](https://protectdemocracy.org/work/illegal-loyalty-hiring-is-politicizing-the-civil-service/?utm_source=openai))
The lawsuit seeks to prohibit OPM from enforcing or implementing the loyalty question and to protect the civil service from what the unions describe as a partisan attack. The outcome of this case could have significant implications for the future of federal hiring practices and the preservation of a nonpartisan civil service.