Legal Definitions - Hatch Act

The Hatch Act is a federal law that restricts the political activities of most employees in the executive branch of the U.S. federal government, and some state and local employees whose positions are funded by federal money. Enacted in 1939, its primary purpose is to ensure that federal programs are administered fairly and without political bias, and to protect federal employees from political coercion in the workplace. It aims to maintain a non-partisan federal workforce by prohibiting employees from using their official authority or government resources to engage in partisan political campaigns.

Here are some examples illustrating the application of the Hatch Act:

• Example 1: Prohibited Use of Government Resources

  Imagine a civil servant working for the Department of Veterans Affairs (VA) who, during their work hours, uses their official government computer and email account to send out messages to colleagues encouraging them to volunteer for a specific congressional candidate's re-election campaign. The emails also include links to the candidate's donation page.

  Explanation: This action would be a violation of the Hatch Act. The employee is using government property (computer, email) and government time to engage in partisan political activity. The Act prohibits federal employees from using their official authority or resources to influence an election or solicit political contributions.

• Example 2: Permissible Private Political Activity

  Consider an employee of the National Park Service (NPS) who, on their day off and while not wearing their uniform or identifying themselves as an NPS employee, attends a political rally for a presidential candidate. They hold a sign supporting the candidate and later make a personal donation to the candidate's campaign from their private bank account.

  Explanation: This activity is generally permissible under the Hatch Act for most federal employees. The employee is acting in their private capacity, on their own time, and not using any government resources or their official position to influence the election. The Act allows federal employees to express their political views and make personal contributions, provided they do so outside of their official duties and do not solicit contributions from the public.

• Example 3: Prohibited Political Coercion in the Workplace

  A manager at the Department of Housing and Urban Development (HUD) frequently discusses their preferred political party and candidates during team meetings. They subtly suggest that employees who share their political views are more "aligned with the agency's future" and might be considered for promotions more favorably.

  Explanation: This scenario illustrates a violation of the Hatch Act's intent to prevent political coercion. While the manager isn't directly soliciting donations or campaign work, they are using their official authority and influence within the workplace to pressure subordinates into aligning with a particular political viewpoint. This undermines the principle of a politically neutral federal workforce and creates an environment where employees might feel compelled to support certain political causes to advance their careers.