Partisan Auto-Replies and the Hatch Act
federal employment government shutdown hatch act political activity workplace ethics Oct 03, 2025On day one of the recent government shutdown, employees at the Department of Education set standard out-of-office replies: neutral messages explaining that, due to a funding lapse, they’d respond once the government reopened. Hours later, many discovered their messages had been rewritten—without consent—to blame one political party for the shutdown. Some who tried to restore neutral language found it changed back again.
When reporters tested the issue, they even received the same partisan auto-reply themselves. Similar patterns reportedly appeared at other agencies.
Why This Crosses a Legal Line
Your official email isn’t a campaign tool—it’s a public service channel funded by taxpayers. Changing an employee’s message to deliver a partisan script crosses a bright legal line under the Hatch Act, which bars federal employees from engaging in political activity while on duty or using official authority.
Even more troubling, the agency’s alteration of personal auto-replies does more than spread propaganda—it risks placing individual employees in violation of the law under their own names. No civil servant should face discipline or reputational harm because someone higher up inserted partisan language into their signature.
How to Protect Yourself If This Happens
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Document everything. Take screenshots of the altered message, note timestamps, and keep copies of any original neutral guidance you received.
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Request written instructions. Politely ask your supervisor or IT office to confirm—in writing—the required message language.
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Seek neutrality in writing. Propose a nonpartisan version that simply explains you’re unable to respond during the shutdown.
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Report coercion. If you’re threatened for refusing to use partisan language, contact your ethics office, union, or a federal employment attorney immediately. You may also file a complaint with the U.S. Office of Special Counsel (OSC), which enforces the Hatch Act.
Remember: you do not have to attach your name to a political message you didn’t write and don’t agree with. Federal ethics law protects employees who resist unlawful directives.
Why It Matters for Everyone
Regardless of party, the public deserves a government that communicates truthfully and impartially—especially during crises like a shutdown. When official channels become tools for political blame, it damages trust in the civil service itself.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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