Two major unions representing U.S. government employees have filed a lawsuit against the Trump administration over its efforts to reclassify and potentially fire tens of thousands of federal workers.
The lawsuit, filed Wednesday in the U.S. District Court for the District of Columbia, targets an executive order that revives the controversial “Schedule F” classification, now rebranded as “Schedule Career/Policy” employees.
The American Federation of Government Employees (AFGE) and the American Federation of State, County, and Municipal Employees (AFSCME), which collectively represent over 2 million government employees, are leading the charge. They argue that the executive order, issued earlier this month, unlawfully strips federal workers of their employment and union protections, effectively converting them into at-will employees.
The Legal Battle
The lawsuit, supported by the nonprofit legal organization Democracy Forward, contends that the Trump administration exceeded its authority by rolling back Biden-era protections for civil servants. Under President Biden, the Office of Personnel Management (OPM) established rules ensuring that employees moved “from the competitive service to the excepted service” retained their civil service protections. These rules also limited the types of policymaking roles that could be excluded from such protections.
However, the new executive order directs agencies and OPM to identify career civil servant positions involved in policymaking and move them to a new schedule of excepted service. It further instructs OPM to rescind the Biden-era rule. The unions argue that this move violates the Administrative Procedure Act (APA), which mandates that agencies provide notice and an opportunity for public comment before rescinding or altering rules.
“The Trump administration’s actions are a blatant overreach of executive authority,” said AFGE President Everett Kelley. “This executive order undermines the stability and integrity of the federal workforce, turning it into a toxic environment where workers are stripped of their rights and protections.”
Broader Implications
The revival of Schedule F is part of a broader effort by the Trump administration to reduce the size of the federal workforce. In addition to the reclassification plan, the administration has offered deferred resignation to all 2 million-plus civilian employees, a move that unions have criticized as coercive.
“This offer should not be viewed as voluntary,” Kelley stated. “Between the flurry of anti-worker executive orders and policies, it is clear the Trump administration’s goal is to turn the federal government into a toxic environment where workers cannot stay even if they want to.”
The lawsuit seeks to enjoin the enforcement of Schedule F and reinstate the Biden-era rule until the Trump administration complies with the APA’s notice-and-comment requirements.
Legal experts say the case could have far-reaching implications for the balance of power between the executive branch and federal employees.
Stay tuned for updates as this case unfolds.
