Welcome to the Federal Employee Briefing by Southworth PC - attorneys for federal employees. Our online community has grown to over 120,000 federal employees and followers across TikTok, Instagram, YouTube, Facebook, and LinkedIn—united by timely legal insights and genuine care for workplace challenges, plus passionate legal and social advocacy to back those who back America. In today’s briefing, you'll get authoritative updates, practical strategies, and mindful guidance designed specifically for your federal career. Join us to stay informed, empowered, and supported. Thank you everyone for your support! We are grateful!
Top Three News Stories:
1. Appeals Court Upholds Reinstatement of Probationary Federal Employees
The U.S. Court of Appeals for the Ninth Circuit has denied the Trump administration's request to stay a lower court's injunction mandating the reinstatement of thousands of probationary federal employees terminated earlier this year. The administration argued that these terminations were lawful and necessary for government efficiency. However, the appellate court upheld the injunction, emphasizing the administration's failure to demonstrate a likelihood of success on appeal or irreparable harm absent a stay. New York Post
Legal Insight:
This decision underscores the judiciary's role in reviewing executive actions that may infringe upon employees' due process rights. Probationary employees, while subject to different standards than tenured staff, are still entitled to certain procedural protections under civil service laws. The court's ruling highlights the necessity for federal agencies to adhere to established protocols when terminating employees, even those in probationary status. This case may set a precedent for the level of judicial scrutiny applied to executive decisions affecting federal employment.
2. Health and Human Services Department Announces Significant Workforce Reductions
Health Secretary Robert F. Kennedy Jr. has unveiled a comprehensive restructuring plan for the Department of Health and Human Services (HHS), which includes the elimination of approximately 10,000 full-time positions and the closure of half its regional offices. This initiative aims to streamline operations and refocus the department's priorities, particularly in combating chronic diseases. The reorganization will consolidate 28 HHS units into 15 new divisions, such as the newly formed 'Administration for a Healthy America' (AHA). Reuters
Legal Insight:
The planned workforce reductions at HHS raise critical legal considerations under the Federal Workforce Restructuring Act and the Civil Service Reform Act. Agencies must follow specific procedures when implementing reductions in force (RIF), including providing adequate notice, considering employees for reassignment, and respecting veterans' preference rights. Failure to comply with these statutory requirements could lead to legal challenges from affected employees and their representatives. Moreover, the consolidation of divisions must ensure that essential public health functions are maintained, as mandated by HHS's enabling statutes.
3. Federal Employees Dismissed Over DEI Activities File Class Action Lawsuit
A group of federal employees terminated due to their involvement in diversity, equity, and inclusion (DEI) initiatives has filed a class action complaint against the Trump administration. Supported by the ACLU and Democracy Forward, the complaint alleges that the firings were politically motivated, violating the First Amendment and anti-discrimination laws, as they disproportionately affected non-white male employees. The plaintiffs contend that their dismissals were based on prior DEI-related positions rather than current roles, indicating partisan motives. The lawsuit seeks to address these alleged violations and aims to include additional plaintiffs as further dismissals occur. AP News
Legal Insight:
This class action lawsuit raises significant legal questions regarding the protection of federal employees' rights under the First Amendment and Title VII of the Civil Rights Act. The alleged politically motivated terminations, if proven, could constitute unlawful discrimination and retaliation. Federal agencies must ensure that personnel actions are free from political influence and adhere strictly to merit system principles. This case underscores the importance of safeguarding federal employees from actions that may infringe upon their constitutional rights and protections against workplace discrimination.
Mindful Moment of the Day:
The “Mindful Listening” Challenge
For your next important conversation, set a powerful intention to listen fully, without distractions or internal dialogue. Quiet the urge to formulate your next point or check notifications. Instead, immerse yourself in active listening—fully hearing, processing, and acknowledging the speaker’s message. Notice how true listening builds trust, reduces misunderstandings, and fosters deeper professional connections.
Legal Tip of the Day:
How to Skillfully Respond to Proposed Suspensions or Removals
Receiving notice of proposed discipline or removal can be daunting—but remember, your response can greatly influence the outcome. Always prepare both oral and written replies that emphasize mitigating circumstances, relevant context, and supporting evidence. Presenting a clear, professionally organized response can substantially shift management’s perception, resulting in reduced discipline or even reversal of the proposed action. Many employees choose to work with an attorney in this situation which can help with the response.
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Social Media Recap:
Hey Federal Employees! Our newest insights—fresh from social media—are now live on the blog. Check out today’s timely updates and practical tips to confidently navigate your federal employment challenges. Here's what's new:
Top Officials Leaked Sensitive Info—Here's How You Can Avoid This Risk
Why President Trump's Targeting of Law Firms Should Concern Us All
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