Potential HHS layoffs could be deemed unlawful, according to legal experts' opinions
In a series of shocking developments, the Health and Human Services (HHS) department's reduction-in-force (RIF) process has come under scrutiny, with allegations of potential violations of federal law and the Privacy Act. Over 10,000 employees have been affected by the HHS layoffs, causing chaos and stress within the department.
At least four separate HHS offices have received RIF letters designating their entire office as their competitive area, yet not everyone in the office was let go. Some RIF notices contain errors, such as incorrect office names or performance scores, leading to concerns about the accuracy of the selection process.
The National Treasury Employees Union (NTEU) has filed an institutional grievance against the HHS, alleging that the department has violated RIF procedures and broken its contract by not giving the union proper notice. The union is exploring the possibility of a class-action lawsuit, with at least two Washington, D.C.-area law firms communicating with affected employees.
Legal experts agree that some issues could be grounds for a lawsuit. For instance, if the HHS failed to verify and correct systemic inaccuracies in personnel records, it could lead to significant harm for affected employees. RIF notices from the HHS' chief human capital officer state that retention registers were prepared to conduct the RIF, but questions remain as to whether these registers were created as required by law.
Employees with issues on their paperwork are advised to notify HR and plan to appeal their case to the Merit Systems Protection Board. However, backlogs and leadership turmoil at the MSPB may prevent employees from filing concerns about discrimination or appealing their cases.
The HHS layoff process has been marked by irregularities. The department has elected to shut down entire offices, a move that is highly irregular but may not be illegal. It is possible for the HHS to lay off employees in specific regions or job types without ranking them against their peers. However, some former employees doubt that the department actually went through with the ranking process, based on who was let go and who wasn't in their office.
The U.S. Supreme Court has recently lifted an injunction, allowing agencies to resume their reorganization plans, including RIFs. However, the Court did not address the legality of the RIFs themselves, leaving open the question of whether the RIFs comply with federal law. This means that while agencies can proceed with RIFs, ongoing legal challenges, such as those in the District of Columbia and Rhode Island, will continue to assess their legality.
In a virtual town hall for HHS staff, Zoom started bouncing attendees due to capacity constraints, reflecting the widespread concern and interest in the RIF process. Trump's executive order eliminating collective bargaining rights for federal employees, including within the HHS, could potentially give the administration legal cover for breaking its contract with HHS unions.
As the legal challenges unfold, affected employees and unions are urging for transparency and adherence to proper RIF procedures to ensure fairness and protect the rights of federal workers.
- The Food and Drug Administration (FDA), in light of the ongoing RIF controversy at the Health and Human Services (HHS) department, might want to reassess its medtech regulation process for potential inconsistencies, ensuring compliance with federal law and the Privacy Act.
- Amid concerns about the safety of medical-conditions data in the HHS, cybersecurity measures should be reinforced, else there could be unforeseen risks for health-and-wellness.
- Considering the increased interest in health-related news due to the RIF process, AI-driven analytics could be utilized to instantly track and summarize pertinent information for affected employees and unions, promoting better decision-making and communication.
- In the realm of healthcare, it is crucial for the HHS to rectify any inaccuracies in personnel records uncovered during the RIF process to maintain the trust and well-being of its employees.
- To avoid potential recalls of essential healthcare workers and mitigate harm, the HHS must address systemic inaccuracies in their personnel records and follow proper procedures, ensuring that employees’ rights are protected.
- As the future of HHS union representation remains uncertain due to Trump's executive order, affected employees and unions should strongly advocate for strict adherence to federal regulations and the maintenance of a safe, fair, and supportive working environment.
