Amy L. Eisenstein is a student at Harvard Law School and a member of the Labor and Employment Lab.
In a prior post, I argued that President Trump’s Merit Hiring Plan may violate the First Amendment. This week, several unions — the American Federation of Government Employees, the American Federation of State, County & Municipal Employees, and the National Association of Government Employees — raised the same concern. As Law360 reports, on November 18, the coalition of unions sought a preliminary injunction in the District of Massachusetts to block federal agencies from asking the “Loyalty Question,” or Question #3, in federal civil service hiring. The question asks: “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 implement them if hired.”
The unions argue that the question violates the First Amendment because it conditions federal employment on political allegiance, promotes viewpoint discrimination, compels speech, chills speech, and fails strict scrutiny. My post supplements these arguments by suggesting that all four of the Plan’s questions, when read together, could “coerce” applicants to make “associational choices” to get their desired job, which the Supreme Court’s First Amendment precedent expressly forbids.
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June 2
Illinois passes rideshare driver unionization bill; DOL issues new union financial reporting rule; unions push back against AI data center regulations.
June 1
Federal judge declines to block New Jersey cannabis labor peace requirements; EEOC issues proposed rescission of rule protection companies undertaking voluntary affirmative action plans; Connecticut governor signs AI law requiring employers to give notice about use of AI in employment decision-making.
May 31
The disparity between corporate profits and worker pay hits a record high; Colorado Governor Jared Polis vetoes pro-union legislation; MLB announces its counteroffer in negotiations with the MLBPA.
May 29
Senators advance on college athlete rights bill; USDA strains OSHA with proposed meat production lines speed-up.
May 28
University of California workers union reach agreement; Texas shrimp industry asks for more visas.
May 27
DC Circuit sidesteps NLRB's remedial Thryv powers; UC workers ratify bargaining agreement; OPM proposes federal NDA.