ED Put Political Out-of-Office Reply on Staff Emails

Wednesday morning, as the government shutdown began, chief officers at the Department of Education distributed a standard out-of-the-office statement to all furloughed staff members and instructed them to copy and paste it into their email. So that’s what they did.

But just hours later, those same nonpartisan staffers began to hear that the message they’d pasted into their email account was not the message being received by the public.

“On Wednesday evening, my supervisor reached out to me on my personal equipment and said, ‘You’re going to want to log in and change your out-of-office status,’” one department staffer told Inside Higher Ed on the condition of anonymity out of fear of losing her job.

When she followed her supervisor’s direction and logged in, the automatic message she saw was not the one she had saved earlier that morning.

Rather than the original note, which had said, “There is a temporary shutdown … due to a lapse in appropriations,” the new message said, “Unfortunately, Democrat Senators are blocking passage of [a bill] … which has led to a lapse in appropriations.”

The outgoing message had been changed internally without her consent. And this staffer was not alone. Inside Higher Ed emailed 10 separate Education Department staffers Thursday, all of whom had been placed on furlough, and each one bounced back with identical responses. One senior leader from the department, who also spoke anonymously, said that to his knowledge the politically charged message was set as the out-of-office notification for all furloughed employees.

(The Department of Education did not immediately provide comment. In fact, the emails sent to both deputy press secretary Ellen Keast and the general press team account were met with the same automatic response.)

The first staffer said that while she was caught off guard by the override at first, it made sense the more she thought about it. Similar messages blaming Democratic senators for the shutdown had already been put at the top of HUD.gov, the landing page for all things Department of Housing and Urban Development, and other federal websites.

As of Thursday evening, the HUD website noted, “The Radical Left in Congress shut down the government. HUD will use available resources to help Americans in need.”

Republicans control the White House, the House and the Senate. In the Senate, they need the votes of at least seven Democratic senators to reach the 60-vote threshold necessary to overcome a filibuster.

“I was really surprised, because we had gotten such explicit instructions on what to use for our out-of-office message,” the staffer said. But “when I saw that message from my supervisor, I assumed it had been changed to something more political than the original neutral one.”

She has already logged back in multiple times to change the automatic response back to the neutral language. But each time, within hours, the department has overridden her changes.

“It’s what [is being sent] to people who contact me, and they could reasonably misunderstand it as coming from me, and I don’t feel comfortable as a federal employee communicating a political message like that,” she said.

A second staffer told Inside Higher Ed that he has worked through multiple shutdowns prior but not experienced anything like this.

“It’s just wild to see your name attached to a message that you had nothing to do with,” he said. “It feels like a violation … You know that you don’t have any expectation of privacy when you’re working for the federal government. But it’s a different thing to say that you don’t have autonomy over your own words.”

The second staffer noted that in his view, not only did this seem to be a violation of his personal rights, but also a violation of federal law.

The Hatch Act, passed in 1939, was intended to ensure that nonpartisan federal workers who worked across administrations remained just that—nonpartisan. And according to documents from the Office of Special Counsel website, the Hatch Act “limits certain political activities of federal employees,” like using official authority for political purposes, soliciting political donations, wearing partisan political gear at work and posting or sharing partisan content on government systems.

“It’s crazy to see the law violated on your behalf,” the second staffer said.

None of the department employees Inside Higher Ed spoke with intended to file an individual lawsuit, nor had they heard anything from their union about a collective legal response. But one shared that Democracy Forward, a nonprofit legal organization that has sued the Trump administration several times this year, will be going to court over the matter as soon as Friday.