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Nearly 1 in 5 Federal Workers Is Gone: What “Voluntary” Departures Mean Legally

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The Washington Post reported on October 29, 2026, that nearly one in five federal workers has left government since January 2025, and that Black federal employees took the biggest hit. OPM Director Scott Kupor’s answer is that people left voluntarily. In federal employment law, that word is not a press statement. It is a legal conclusion, and it is not OPM’s to declare.

The Numbers Reported by The Washington Post

According to the Post’s analysis (Andrew Ba Tran and Hannah Natanson), 426,000 civilian employees left in eighteen months. President Biden’s entire term saw a loss of about one in seven. Nearly 121,000 people left in September 2025 alone, when the resignation incentives took effect. About 32,000 were fired outright, and 85 percent resigned or retired.

What “Voluntary” Means in Federal Employment Law

Whether a resignation or retirement was truly voluntary is a question of free choice versus coercion or misinformation. An employee who claims otherwise generally carries the burden of proving it, one case at a time. OPM does not get to settle that question by announcing it.

The Demographic Data Gap

The administration stopped publishing federal workforce demographics, breaking decades of precedent. The Post turned to Census survey data and counted instead. It found that after the September 2025 wave, Black federal employment fell 30 percent, compared with 4 percent for everyone else. This year, Black federal employment is still down 20 percent.

The Post also reported that a DOGE planning guide listed 225 DEI offices for closure, and that it tracked more than 200 of the people who worked in them. More than half were Black. It further reported that the American Accountability Foundation published a “DEI Watchlist” naming 93 federal employees by name, salary, and photo. Two-thirds were Black. According to the Post, 28 of them are now unemployed, 23 of whom are Black and two of whom are White.

What You Can Do to Protect Yourself

Since the government stopped counting, keep your own records. Save your SF-50s, your performance ratings, and your emails. If you left federal service and have questions about whether your departure was truly voluntary, speak with one of the attorneys for federal employees at Southworth PC about your options and any deadlines that may apply.

 

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. 

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