USDA Says 64% Accepted Relocation. Employees Say the Accept Button Was Not a Choice.

USDA directed reassignments are back in federal court, and the number the department gave the judge is now in dispute. On August 28, a senior USDA official told the court that 725 employees have received management directed reassignment letters and that 64 percent accepted. Employees and their union say that figure is inflated, and the reason has to do with how employees were required to say yes.

We covered these relocations last month. This is where they went.

Why Employees Call the 64 Percent Figure Inflated

AFGE called the acceptance rate "inflated." According to employees, USDA required them to accept the reassignment before they could even request a hardship exemption or a reasonable accommodation. A NIFA employee told Government Executive that colleagues accepted "because the agency required you hit 'accept' in order to apply for those."

An NRCS employee put the rest plainly. Say no, and the position goes away. In the employee's words: "There's no benefit to me to say 'no.'"

Most Directed Reassignments Are Legal

Precision matters here. Agencies have real room to move people, and most directed reassignments are lawful. But two things about this situation deserve a closer look.

Declining Is Not Automatically the End

For most career employees, being separated for turning down a directed reassignment is an adverse action under 5 U.S.C. § 7512, with procedures at 5 U.S.C. § 7513. That means 30 days' advance written notice, a chance to answer, and an appeal to the Merit Systems Protection Board.

So watch what the paperwork calls it. A removal gets you to the Board. A resignation you signed generally does not.

Requesting an Accommodation Is Protected Activity

For federal employees, the Rehabilitation Act carries the ADA's standards, and the ADA makes it unlawful to interfere with anyone exercising the right to request an accommodation. See 42 U.S.C. § 12203(b). EEOC's regulations describe accommodation as an interactive process: a conversation, not a toll booth.

These cases must be handled individually, and no one can speak categorically about any single employee's situation. But if you believe you are being discriminated against because of a disability, or that your agency has failed to accommodate you, it may be time to speak with a federal employment attorney.

What This Means If You Clicked Accept

To every USDA employee who clicked accept with no intention of moving: you were not being dishonest. You did what the form required in order to keep a paycheck and ask for help at the same time.

If you accepted only to preserve a hardship or accommodation request, put that in writing today, with a date. If a denial has already landed, the EEO clock is generally 45 days to contact an EEO counselor, so do not wait to get advice.

The Litigation Is Not Over

The judge allowed USDA to proceed for now and sent the reorganization claims to a separate lawsuit. That is a ruling about which case the claims belong in, not a ruling on whether the relocations are lawful.

We track what agencies tell a judge against what their own paperwork actually does.

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.