HHS Layoffs Raise Legal Questions and Union Concerns

The U.S. Department of Health and Human Services (HHS) is facing scrutiny and potential legal challenges over its recent reduction-in-force (RIF) that has affected approximately 10,000 employees. The layoffs, which began on April 1, 2025, have been characterized by confusion, alleged procedural irregularities, and growing concerns about their legality.

Questionable RIF Procedures and Potential Legal Violations

The HHS layoffs have come under fire for potentially violating federal employment regulations. Legal experts and former government officials have pointed out several issues with the RIF process:

• Closure of entire offices, including some mandated by law
• Discrepancies in employee selection for termination
• Incorrect information on termination letters
• Lack of transparency with department heads and unions

Ron Sanders, a former Department of Defense official who oversaw RIFs in the 1990s, explained that the process typically involves carefully defining competitive areas and ranking employees based on factors such as seniority and performance. However, the HHS appears to have opted for a faster approach by shutting down entire offices.

This strategy has raised red flags, particularly in cases where entire offices were designated for separation, but not all employees were let go. Tamara Slater, a shareholder at employment law firm Alan Lescht and Associates, stated, "I do think that there are a fair number of pieces, while looking over the RIF notices, that don't seem to have been properly followed."

Union Response and Legal Challenges

Unions representing HHS workers are taking action in response to the layoffs. The National Treasury Employees Union (NTEU) has filed an institutional grievance against the HHS for violating RIF procedures and breaking its contract by not providing proper notice of the RIF. The grievance asks for the reinstatement of impacted employees.

However, the situation is complicated by a March 2025 executive order from President Donald Trump that eliminated collective bargaining rights for hundreds of thousands of federal employees, including those within the HHS. This order, which unions have challenged in court, could potentially shield the administration from accusations of contract violations.

Several law firms are exploring the possibility of class-action lawsuits on behalf of affected HHS employees. Debra D'Agostino, founding partner of Federal Practice Group, told Healthcare Dive, "We have been contacted by hundreds and hundreds of HHS employees at multiple subagencies issued RIF notices with errors ranging from odd definitions of their competitive area to incorrect performance ratings, veterans' status, and service computation dates."

Leadership Confusion and Departmental Impact

The layoff process has been marked by confusion at all levels of the HHS. Even HHS Secretary Robert F. Kennedy Jr. appeared unaware of the full scale of the cuts, suggesting in a CBS News interview that up to 20% of affected employees could be reinstated – a claim that other HHS officials quickly refuted.

The RIF has also impacted key operational areas within the department. Many HR staff members were included in the layoffs, as were employees in Equal Employment Opportunity Commission offices. This reduction in personnel is expected to create backlogs in correction requests and hinder employees' ability to file discrimination concerns.

As legal challenges mount and unions push back against the layoffs, the full impact of this massive reduction in HHS staff remains to be seen. The situation continues to evolve, with potential implications for federal employment practices and the delivery of crucial health services across the nation.