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Privacy Act Lawsuit Offers Hope After HHS RIF Errors

federal employment hhs employees mspb appeals privacy act reduction in force Jan 28, 2026

A federal judge has allowed a significant Privacy Act lawsuit to move forward, and for former HHS employees impacted by last year’s Reduction in Force (RIF), that decision matters. The case does not promise reinstatement or undo the RIF. Instead, it focuses on something more precise—and potentially powerful: accountability and money damages when the government relies on inaccurate personnel records.

The plaintiffs are former HHS employees who allege their RIF notices contained factual errors. According to the complaint, those errors included incorrect performance ratings, veteran status, tenure, experience, and other personnel data. In a RIF, those details are not clerical trivia. They directly affect retention standing, who is separated, and what future job opportunities may be available. When the records are wrong, the consequences can follow an employee long after separation.

Why the Judge’s Ruling Matters

The government attempted to end the case early, arguing that disputes about RIFs belong exclusively before the Merit Systems Protection Board (MSPB) and that the plaintiffs could not prove the level of intent required under the Privacy Act. The judge rejected those arguments at this stage. The ruling allows the case to proceed, opening the door to discovery and a future fight over whether the case can be certified as a class action.

This is an important distinction. The court has not decided that HHS violated the Privacy Act. It has not found the conduct “intentional or willful.” It has simply said the claims are plausible enough to move forward. That procedural posture is often where meaningful cases begin.

What the Plaintiffs Could Recover

If the plaintiffs ultimately succeed, the Privacy Act allows for actual money damages when inaccurate records cause harm and the agency’s conduct is intentional or willful. The lawsuit seeks at least the statutory minimum of $1,000 per person, along with attorneys’ fees and costs. That figure is not automatic. Proving causation and intent is difficult, and the burden remains on the employees.

Just as important: this case cannot restore jobs. The Privacy Act is not a reinstatement statute. Its leverage lies in financial accountability and public scrutiny of recordkeeping failures.

Class Action Status Is Not Automatic

Another critical point often misunderstood: no one is “in the class” yet. The plaintiffs are seeking class certification, and the court has not ruled on that request. Until it does, the case involves only the named plaintiffs. Whether others can benefit will depend on how broadly the court defines the class and whether common issues predominate.

What Impacted Employees Should Do Now

For anyone affected by a RIF—at HHS or elsewhere—the immediate action item is practical and grounding. Pull the RIF notice. Compare it carefully against SF-50s, performance appraisals, and personnel records. Document objective errors: what was wrong, when it was discovered, and what it affected. This kind of contemporaneous documentation is often decisive later.

From a mindfulness perspective, this step matters emotionally as well as legally. It replaces rumination with clarity. It shifts the nervous system out of helplessness and into observation and preparation.

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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