The American Federation of Government Employees (AFGE) has filed a lawsuit against the US Department of Education, alleging that automated out-of-office messages sent by furloughed staff were modified to include partisan language blaming Democratic lawmakers for the ongoing government shutdown, as reported by Bloomberg.

The union, which represents approximately 800,000 federal workers, said email settings were changed without employees’ consent. Similar messaging appeared on websites of other federal agencies, according to the complaint filed in Washington, DC.

“Forcing civil servants to speak on behalf of the political leadership’s partisan agenda is a blatant violation of federal employees’ First Amendment rights,” the AFGE said.

The shutdown began after Congress failed to approve a budget before the end of the fiscal year. Republicans control both chambers but require Democratic support to reach the 60 votes needed to pass spending legislation in the Senate. Democrats have sought extensions for health insurance premium subsidies.

The union cited automated email language stating: “On September 19, 2025, the House of Representatives passed H.R. 5371, a clean continuing resolution. Unfortunately, Democrat Senators are blocking passage of H.R. 5371… I am currently in furlough status. I will respond to emails once government functions resume.”

Ethics experts and watchdog groups have criticised the messages, suggesting they may violate the Hatch Act, which restricts partisan activity by federal employees. The Department of Justice’s website, for example, currently features a banner reading: “Democrats have shut down the government. Department of Justice websites are not currently regularly updated.”

Requests for comment from the White House went unanswered, and the Department of Education issued an automated response echoing similar language. The case, American Federation of Government Employees v. U.S. Department of Education, 25-cv-3553, is pending in the US District Court for the District of Columbia