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Home Regulatory Watch Probationary Employees at CFPB and HUD Retain Employment for the Time Being

Probationary Employees at CFPB and HUD Retain Employment for the Time Being

by Best Houses Team

Court Ruling on Federal Layoffs: Implications and Next Steps

Background of the Case

Recently, a federal court ruled on the mass layoffs conducted by various government agencies, asserting that these dismissals were improperly labeled as terminations for performance-related issues. Specifically, this case involves 21 federal agencies, including the Consumer Financial Protection Bureau (CFPB) and the Department of Housing and Urban Development (HUD).

Judicial Findings

U.S. District Judge Catherine Blake Bredar ruled that the dismissals represent reductions in force (RIFs), which require prior notice to affected employees. She issued a temporary restraining order to restore the status of those employees who were let go without appropriate procedures, with a follow-up hearing scheduled for March 26 to consider extending this injunction.

Government Response

In response to the ruling, the Trump administration expressed intentions to contest the decision. White House Press Secretary Karoline Leavitt emphasized that the President maintains authority over the executive branch, suggesting that a singular district court’s ruling should not impede presidential directives.

Precedent in California

In another relevant case, U.S. District Judge William Alsup ruled that employees from six federal agencies, including the Department of Veterans Affairs (VA) and the Department of Agriculture (USDA), must have their jobs reinstated temporarily. This ruling echoes Bredar’s conclusion that the government misrepresented the basis for layoffs.

  • Judge Alsup criticized the government’s actions, stating, “It is a sad, sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie.”
  • The ruling also clarified that legal workforce reductions are permissible if executed according to established protocols.

Protocol for Workforce Reductions

Judge Alsup specified that federal agencies can lawfully downsize their workforce, provided they adhere to processes laid out by the Office of Personnel Management (OPM). Agencies were given a deadline of March 13 to submit their RIF plans, ensuring compliance with legal requirements.

Future Implications for Affected Agencies

The CFPB, while protected from elimination by Congressional action, faces uncertainty under the acting leadership of Russell Vought. Furthermore, HUD Secretary Scott Turner has initiated significant changes, including the removal of the Affirmatively Furthering Fair Housing (AFFH) rule, a key element of the prior administration’s civil rights initiative.

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