AFSCME members sue to protect Employment Service programs from harmful rule
State and local employment services provided by nonpartisan public service workers could be privatized and politicized under a new Department of Labor rule that AFSCME is challenging in court.
The illegal rule eliminates the longstanding requirement that the workers who help people in their communities find jobs through the Employment Service program be qualified state employees hired based on merit. In doing so, it puts these public service workers at risk of being replaced by less effective private contractors.
“Since 1933, merit staffing protections have helped ensure Employment Services are performed by qualified public service workers,” AFSCME President Patrick Moran said in a statement. “Every day, the AFSCME members who provide these services help people in their communities find jobs to support themselves and their families. Now the administration is attempting to roll back these critical civil service protections, opening the door to privatize and outsource public service jobs.”
The Employment Service program is a federally funded, state-administered program that provides critical job-search and related services across the United States. Studies have repeatedly shown that merit system civil service staff in states, cities and counties are more effective in delivering employment services than private contractors.
AFSCME members are also concerned that the rule will lead to lower standards, which is why the merit-based requirement was in place for decades.
“Merit system protections were created to avoid corruption and patronage in the administration of essential government programs,” Moran said. “Taking away those protections and outsourcing to for-profit contractors will hurt not just the workers but the job seekers who rely on the workers’ expertise and fairness to find employment. We will fight to protect the skilled AFSCME members who have dedicated their careers to serving their communities.”
The lawsuit was filed by AFSCME, represented by the Public Citizen Litigation Group.
