Read the Room? Hatch Act Basics for Every Federal Employee, However You Voted
After an election week like this one, the Hatch Act is worth a refresher for every federal employee, whichever way you voted or whether you voted at all. The rules are simpler than they sound, and following them is the best way to stay out of trouble at work. Here are the basics, along with why the merit system itself is worth protecting.
Citizen on Your Own Time, Public Servant on Duty
On your own time, you are a citizen. On duty, in a federal building, or on a government account, you are a public servant, not a partisan. That means no partisan posts on the clock, and telework counts. Eating lunch at your desk does not change the answer, because you are still on the job. And never ask a coworker for a campaign donation, on duty or off. That kind of request can end a career.
A Best Practice That Goes Further Than the Law
Shaun’s own rule goes further than the Hatch Act requires: nothing political on a government device, whether posting it or reading it, and the same goes for any personal phone that connects to government systems. That is not always what the law demands. It is a best practice, and it is inexpensive insurance. If you are unsure whether a particular activity is allowed, the Office of Special Counsel offers an advisory-opinion service you can use before you act.
Why the Merit System Protects Everyone
Administrations change, and the ground shakes. The merit system exists so that Republicans cannot fire all the Democrats and Democrats cannot fire all the Republicans. You keep your job for your work, not your vote. That principle protects federal employees of every political background, or none, and it is worth defending in both directions.
Civil Rights Violations Are Wrong No Matter the Politics
When an agency breaks the law, how you voted does not matter. When an agency violates an employee’s civil rights, for example by discriminating against a white male or by denying a religious exemption from a vaccine mandate that it should have granted, that is a problem that deserves to be handled, because a civil rights violation is wrong regardless of the politics involved.
What to Do Next
Keep your political activity off the clock and off government systems, never solicit campaign contributions from coworkers, and ask for guidance before you act if something is unclear. Our goal is to give federal employees of every political background, or none, the information they need, and we will keep telling you the truth about the law. If you would like coverage of a topic you are not getting elsewhere, tell us in the comments on our videos.
If you have questions about your own situation, Southworth PC represents federal employees nationwide and worldwide.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.