Once Donald Trump assumes office, I expect we will have to re-visit many aspects of public life that we once took for granted. One of those aspects is the Hatch Axct. The Hatch Act was passed in 1939. It was passed to ensure that federal employees would not be forced to engage in political campaigns in order to remain employed. Once upon a time, federal employees were expected to assist candidates in their campaigns. The Hatch Act added a degree of professionalism to the federal workforce. Some jobs were classified as civil service and therefore, protected from political pressures. Other jobs were classified as political which meant they could be replaced whenever a new person was elected to office.

The incoming Trump administration has already asked the Energy Department for the names of persons who worked on behalf of climate change policies. The Trump folks also asked the State Department for information related to gender related staffing and funding. Tom Perez, the current head of the Labor Department, said those questions about Energy Department employees was illegal. See CBS News report. Mr. Perez did not explain what he believed to be illegal, but I am sure he was referring to the Hatch Act. The Hatch Act prohibits political activity by federal employees. The Hatch Act prevents federal employees from engaging in political campaigning. It also allows federal employees to vote their conscience, to contribute money to candidates of their choice, and to join political parties or clubs of their choice. See Office of Special Counsel handout on the Hatch Act and what activities are prohibited for federal employees here.

To the extent that the Trump folks are seeking to take action against or to target in some way federal employees who have expressed political views, then it violates the Hatch Act. And, that is before they have even assumed office. One can only wonder what will come after they assume office.