
Holden Hopkins is a student at Harvard Law School.
In today’s News & Commentary, the DOJ moves anti-immigrant hiring allegations against Elon Musk’s Space-X, and federal unions and agencies respond to Musk’s email report demands.
The Department of Justice is moving to drop discrimination charges against SpaceX, a company owned by billionaire Elon Musk, after the case was put on hold for over a year. The charges stemmed from allegations that SpaceX discouraged asylees and refugees from applying for jobs, violating federal anti-discrimination laws. The DOJ cited a legal challenge to administrative law judges as the reason for abandoning the case, aligning itself with corporate interests that argue these judges lack constitutional authority.
This move is yet another by the government which appears to personally benefit Musk and his various companies. Musk himself has of course been prominently involved in matters involving the federal government and workforce. As Gil reported yesterday, the billionaire and purported head of the Department of Government Efficiency sent an email to all federal employees demanding they reply with a report on what they were working on at the risk of termination. With the deadline for these “reports” looming tonight, federal worker unions and agencies have been quick to respond.
Musk’s email, reportedly sent from the Office of Personnel Management, has been called “un-American” by Doreen Greenwald, president of the National Treasury Employees Union, while the American Federation of Government Employees has vowed to challenge any unlawful terminations. The unions argue that Musk has no legal authority over federal employment and that the directive violates established procedures for managing the federal workforce. Meanwhile, supervisors at the DOJ have directed staff not to respond, citing potential ethics concerns.
This latest controversy comes amid a broader pattern of federal workforce reductions under the Trump administration, which has already dismissed nearly 30,000 employees in recent weeks. OPM, which serves as the government’s HR department, has been using a centralized email system to bypass agency leadership and communicate directly with workers. A recent federal court ruling upheld OPM’s right to use this system, despite concerns from employees and unions that it was being leveraged to pressure resignations. The latest email, however, omitted prior assurances that responses would be voluntary, further fueling concerns of mass firings.
Unions representing nearly a million federal employees have demanded that OPM rescind the email and issue an apology, warning that the administration’s actions conflict with federal workforce management laws. AFGE has made it clear that employees are under no legal obligation to comply with the directive and has pledged to fight any retaliatory firings in court.
Daily News & Commentary
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August 18
Labor groups sue local Washington officials; the NYC Council seeks to override mayoral veto; and an NLRB official rejects state adjudication efforts.
August 17
The Canadian government ends a national flight attendants’ strike, and Illinois enacts laws preserving federal worker protections.
August 15
Columbia University quietly replaces graduate student union labor with non-union adjunct workers; the DC Circuit Court lifts the preliminary injunction on CFPB firings; and Grubhub to pay $24.75M to settle California driver class action.
August 14
Judge Pechman denies the Trump Administration’s motion to dismiss claims brought by unions representing TSA employees; the Trump Administration continues efforts to strip federal employees of collective bargaining rights; and the National Association of Agriculture Employees seeks legal relief after the USDA stopped recognizing the union.
August 13
The United Auto Workers (UAW) seek to oust President Shawn Fain ahead of next year’s election; Columbia University files an unfair labor practice (ULP) charge against the Student Workers of Columbia-United Auto Workers for failing to bargain in “good faith”; and the Environmental Protection Agency (EPA) terminates its collective bargaining agreement with four unions representing its employees.
August 12
Trump nominates new BLS commissioner; municipal taxpayers' suit against teachers' union advances; antitrust suit involving sheepherders survives motion to dismiss