Legal Setback for State Department Layoffs Amid Government Shutdown

On December 4, 2023, U.S. District Judge Susan Illston issued a temporary order blocking the U.S. State Department from proceeding with layoffs affecting over 250 employees. This ruling is a significant legal setback for President Donald Trump, who has been implementing mass firings across various government agencies. The layoffs were scheduled to take effect on December 5, but the judge's decision came in response to a lawsuit filed by the American Federation of Government Employees (AFGE) and the American Foreign Service Association (AFSA), which argued that the planned cuts violated a recently enacted continuing resolution that prohibits layoffs until January 30, 2024.

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The continuing resolution was passed to end a 43-day government shutdown and includes provisions that prevent federal agencies from initiating layoffs during this period. The Trump administration contended that the law did not apply to layoffs announced prior to the shutdown, including the more than 1,300 layoffs at the State Department first disclosed in July. However, Judge Illston found that the unions were likely to succeed in their claims, leading to her decision to block the layoffs temporarily.

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The unions representing the affected workers have expressed strong opposition to the layoffs. AFGE National President Everett Kelley stated, “The language in the bill and the intent of Congress is unambiguous — and so is the illegality of agencies proceeding to fire workers regardless of the prohibition.” The unions argue that the layoffs undermine the morale of the Foreign Service, with a recent survey indicating that 98% of respondents reported poor morale since Trump took office.

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The unions' legal filing also highlighted that the layoffs were not essential government services that could continue during a shutdown, a position previously supported by Judge Illston in a separate case earlier in the year. The unions are seeking a broader ruling that would prevent other federal agencies from executing similar layoffs, citing violations of the same provision in the continuing resolution.

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The implications of this ruling extend beyond the State Department. The unions have indicated that other agencies, including the Department of Education and the Department of Defense, may also be in violation of the layoff provisions. For instance, the Department of Education has faced scrutiny for its handling of layoffs, with workers in the Office of Civil Rights awaiting clarification from the courts regarding their employment status.

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Senator Tim Kaine (D-Va.), who played a role in securing the layoff provisions in the continuing resolution, emphasized that the law protects workers whose layoffs were in process during the shutdown. He stated, “That means workers whose RIFs were still being processed when the government shut down cannot be terminated, will continue to be paid, and must be returned to the status they had on September 30.”

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While the unions assert that the layoffs are illegal under the continuing resolution, the State Department has maintained that its actions comply with legal guidance from the Office of Management and Budget and the Department of Justice. The government has yet to file an opposition brief against the unions' motion, leaving some ambiguity regarding the administration's legal stance.

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• “The language in the bill and the intent of Congress is unambiguous — and so is the illegality of agencies proceeding to fire workers regardless of the prohibition,” — Everett Kelley, National President, American Federation of Government Employees

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• “that means workers whose RIFs were still being processed when the government shut down cannot be terminated, will continue to be paid, and must be returned to the status they had on September 30.” — Senator Tim Kaine, D-Va.

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