Law & Courts

Ed. Dept. Workers’ Union Sues Over Emails Blaming Democrats for Shutdown

By Brooke Schultz — October 06, 2025 | Updated: October 06, 2025 3 min read
Screenshot of a portion of a response email blaming Democrat Senators for the government shutdown.
  • Save to favorites
  • Print

Updated: The story has been updated to add a comment from the Education Department.

The union representing U.S. Department of Education staff has sued the federal agency, arguing that altered out-of-office emails blaming Democratic lawmakers for the government shutdown violate employees’ First Amendment rights.

The lawsuit, filed by the American Federation of Government Employees in federal court late last week, challenges an automatic email from furloughed staff that blames U.S. Senate Democrats for the first government shutdown in nearly seven years after federal lawmakers failed to come to an agreement to extend funding beyond the Sept. 30 end of the fiscal year. Staff say the partisan messages were placed without their knowledge or consent.

“Employees are now forced to involuntarily parrot the Trump Administration’s talking points with emails sent out in their names,” said the complaint, filed in federal court in Washington on Friday.

See Also

People stop to take photos of the U.S. Capitol building on Oct. 2, 2025, in Washington, D.C.
People stop to take photos of the U.S. Capitol building on Oct. 2, 2025, in Washington. Out-of-office email messages from U.S. Department of Education employees during the government shutdown blame Democrats for the lapse in funding. Employees said the messages were set without their permission.
Samuel Corum/Sipa via AP

Madi Biedermann, a department spokesperson, defended the automated messages in a statement to Education Week.

“The email reminds those who reach out to Department of Education employees that we cannot respond because Senate Democrats are refusing to vote for a clean CR and fund the government,” she said in an email. “Where’s the lie?”

Complaint asks court to find messages unlawful

With the government shutdown on the horizon last week, a number of federal agencies posted banners on their websites saying the “radical left” or Democrats had caused the lapse in funding, and encouraged staff to use similar phrasing in their out-of-office messages.

At the Education Department, the agency’s human resources leadership sent employees instructions with furlough preparations, which included setting up an out-of-office email. The department provided nonpartisan model language. The agency’s website also contains nonpartisan language about the government shutdown.

Staff set up automated messages with the suggested language, but later on Oct. 1, they found the messages had been changed to blame Democrats, according to the complaint.

Education Department staff correspond frequently with school district officials, parents, students, college administrators, and others as they carry out the agency’s functions—from overseeing student loan disbursement to investigating civil rights complaints to providing technical support on grants and other initiatives. The union raised concerns about those recipients getting such messaging from nonpartisan staff.

“So long as the out-of-office messages remain up, members of the public who try to reach a Department of Education employee will receive as an auto-reply a partisan message blaming ‘Democrat Senators’ for their inability to respond,” the complaint said.

Staff fear that the language puts them in violation of the Hatch Act, the 1939 law that prohibits federal employees from engaging in some forms of political activity and restricts the use of taxpayer money for partisan actions. The U.S. Office of Special Counsel, which enforces the Hatch Act, can seek disciplinary action against an employee who violates the law.

Many employees were unable to change the messages, as they were on administrative leave pending layoffs, and did not have access to their equipment. Others who still had access changed the automatic reply back to the nonpartisan language only to see it reverted back later, according to the lawsuit.

Roughly 87% of the department’s staff have been furloughed for the shutdown, according to the complaint and the department’s shutdown contingency plan.

The lawsuit asks for a judge to issue an injunction to stop the Education Department from modifying employees’ out-of-office messages to contain partisan speech.

See Also

School entrance with a flag in background.
iStock/Getty
Federal How the Federal Government Shutdown Is Affecting Schools: A Tracker
Mark Lieberman, October 3, 2025
•
1 min read

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
The Assessment Trust Crisis: How to Measure Learning in the Age of AI
AI is reshaping learning. Is assessment keeping up? Join this webinar to explore how to measure student thinking, not just right answers.
Content provided by Instructure
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Student Trends to Counselor Action: Turning Insight Into Impact
Find out what is changing in how students approach planning for life after graduation and how schools can help.
Content provided by PowerSchool
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
McKinney-Vento Transportation Strategies: Managing Cost & Protecting Access
Explore McKinney-Vento transportation strategies to manage costs, respond quickly to changing needs, and protect student access.
Content provided by HopSkipDrive

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Can This Religious Preschool Exclude LGBTQ Families and Still Get State Funding?
The Supreme Court appears ready to let Catholic preschools bypass Colorado’s LGBTQ+ anti-discrimination requirement.
5 min read
The Supreme Court is seen at day's end in Washington, Thursday, Oct. 1, 2026, as the justices prepare to begin the new term next week.
The U.S. Supreme Court, seen here in Washington on Oct. 1, 2026, appeared ready to side with Catholic preschools in challenging Colorado’s requirement that publicly funded providers sign an anti-discrimination pledge covering sexual orientation and gender identity.
J. Scott Applewhite/AP
Law & Courts Can Public Schools Try to Boost Diversity? Admissions Policies Face a New Test
Challenges to race-neutral methods for selective admissions are continuing.
6 min read
Photo collage of the Supreme Court building with a diverse group of teens superimposed over it.
Collage by Gina Tomko/Education Week + Canva
Law & Courts Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next
It's the flip side of a recent U.S. Supreme Court decision upholding state laws that bar transgender girls.
7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
Becky Pepper-Jackson prepares to throw a discus on April 7, 2026, at Bridgeport High School in Bridgeport, W.Va. Jackson's challenge of a West Virginia law barring transgender girls from girls' athletic teams ended up before the Supreme Court, which upheld the state's law. Now, the court could take on the question of whether Title IX requires that transgender athletes be excluded from teams that match their gender identity.
John Raby/AP
Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP