OPM's Replacement for the Loyalty Question, Word for Word: What Federal Job Applicants Should Know
The federal hiring "loyalty question," the essay that asked applicants to name a favorite executive order and explain how they would advance it, has been replaced. A federal judge blocked the original question, and OPM has now sent agencies the new wording. Here is the replacement, word for word, and what it means if you are applying for a federal job or already applied under the old question.
Why the Original Question Was Blocked
On September 11, U.S. District Judge George O'Toole stayed the Merit Hiring Plan's third essay question in AFGE v. Kupor (D. Mass.). The court found the question likely violates the First Amendment because it ties an applicant's personal views to their potential duties. The ruling is preliminary, not a final decision.
The Replacement Question, Word for Word
For job announcements closing September 26 or later, and for all new announcements, OPM's revised Question 3 reads:
"In this role, you will be expected to professionally and efficiently implement executive direction. Provide an example where you implemented leadership direction on a strategy or policy decision that differed from your own recommendation."
OPM has also directed each agency to draft a new Question 5 asking how an applicant's skills would advance the agency's current priorities.
Is the New Question a Problem?
Taken alone, the second sentence is a normal interview question. You recommended one approach, leadership chose another, and you carried it out. That is part of public service, and a civil servant's oath is to the Constitution, not to any individual.
The first sentence is different. "You will be expected to implement executive direction" is not a question. It tells applicants the answer the scorer is looking for before they write a word. Whether a subjectively graded essay framed this way is a valid, job-related assessment is a question the litigation has not yet reached.
No Do-Overs for Past Hiring
This is the part that costs people. OPM told agencies they cannot consider answers to the old Question 3 for any open vacancy, but they do not need to reopen hiring actions or repost announcements that closed on or before September 25, 2026. If you skipped a posting because of the old essay, or applied and did not make it through, there is no automatic second chance. OPM continues to describe the essay questions as optional.
Your Rights If Political Views Affected Your Application
Discriminating against an applicant on the basis of political affiliation is a prohibited personnel practice under 5 U.S.C. § 2302(b)(1)(E), and applicants are covered, not just current employees. If you believe the old question is why you were screened out:
- Keep what you wrote. Save your essay response and the announcement number.
- Record the dates. Note when you applied, when the announcement closed, and any notice you received.
- Know where complaints go. The Office of Special Counsel accepts complaints about prohibited personnel practices, including those involving applicants.
Stay Informed
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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. You can contact Southworth PC at attorneysforfederalemployees.com.