Legal Action

American Federation of Government Employees, AFL-CIO v. Office of Personnel Management

Filed in: U.S. District Court for the Northern District of California, San Francisco Division

Summary

A coalition of public service unions, environmental nonprofits, and advocacy organizations filed a lawsuit against the Trump-Vance administration, challenging the Office of Personnel Management’s (OPM) mass firing of government probationary employees. On February 14, 2025, Acting Director of OPM Charles Ezell issued a directive to all federal agencies across the country ordering them to fire all probationary employees under the pretense of “poor performance,” except for those few probationary employees considered “mission critical.” The OPM directive led to tens of thousands of federal employees being laid off, despite their employing agencies having no previous intention of firing them. The plaintiffs argue that OPM directive violates the Administrative Procedure Act and seek declaratory and injunctive relief.

On Sept. 12, 2025, a U.S. district court granted plaintiffs’ motion for summary judgment, declaring OPM lacked the authority to direct other agencies to fire their employees. An appeal of the district court’s final judgment ensued, and final resolution remains pending in the Ninth Circuit.

Learn More About the Case

Plaintiffs

  • American Federation of Government Employees (AFGE)
  • American Federation of State, County and Municipal Employees (AFSCME)
  • United Nurses Associations of California
  • AFGE Local 2110
  • Main Street Alliance
  • Coalition to Protect America's National Parks
  • Western Watersheds Project
  • VoteVets Action Fund
  • Common Defense Civil Engagement
  • American Public Health Association
  • Association of Flight Attendants
  • American Geophysical Union
  • Climate Resilient Communities
  • Point Blue Conservation Science
  • State of Washington
  • AFGE Local 1216

Plaintiffs' Counsel

  • Altshuler Berzon
  • Democracy Defenders Fund
  • American Federation of Government Employees (AFGE)
  • American Federation of State, County and Municipal Employees (AFSCME)
  • Washington Attorney General

Defendants

  • Office of Personnel Management
  • Acting Director Charles Ezell