Class Action Lawsuit Alleges HHS and DOGE Violated Privacy Act in Recent Workforce Reduction

A new class action lawsuit has been filed against the Department of Health and Human Services (HHS) and the Department of Government Efficiency (DOGE), alleging violations of the Privacy Act and mishandling of personnel records during a recent reduction in force (RIF). The lawsuit, filed by former federal workers, claims that the agencies made employment decisions based on inaccurate and incomplete records, potentially affecting thousands of employees across multiple health-related agencies.

Allegations of Privacy Act Violations

The lawsuit focuses on the agencies' alleged failure to maintain accurate and complete personnel records as required by the Privacy Act. Plaintiffs argue that this failure led to wrongful terminations and unfair treatment during the RIF process. Key allegations include:

• Incorrect performance ratings listed in termination notices
• Errors in "competitive areas" or organizational subdivisions
• Inaccurate data preventing proper understanding of HHS office compositions
• Erroneous information feeding into agency retention registers

The complaint highlights the complexity of government databases, noting that a single FDA employee's information could be spread across seven different systems, increasing the likelihood of errors and inconsistencies.

Impact on Federal Health Agencies

The RIF, which occurred three months ago, resulted in approximately 10,000 job cuts across HHS. Affected agencies include:

• Centers for Disease Control and Prevention (CDC)
• Food and Drug Administration (FDA)
• Administration for Children and Families
• National Institute for Occupational Safety and Health

Plaintiffs in the lawsuit represent employees from these agencies, raising concerns about the potential impact on public health and safety due to the loss of experienced personnel.

Political Controversy and Future Implications

The lawsuit comes amid broader controversies surrounding the treatment of federal workers. Plaintiffs allege that political appointees and DOGE representatives have repeatedly insulted government employees, potentially damaging their reputations and future job prospects. The complaint cites specific incidents, including alleged harassment of FDA employees by DOGE representatives.

HHS Secretary Robert F. Kennedy Jr. has acknowledged that some mistakes may have been made during the RIF process and indicated that corrections would be necessary. Meanwhile, Elon Musk, associated with DOGE, appears to be distancing himself from the Trump administration's policies, particularly those related to healthcare coverage.

As the legal proceedings unfold, the outcome of this lawsuit could have significant implications for federal workforce management practices and the protection of employee privacy rights in government agencies.