Friday Round-Up: Litigation Updates and ICYMI Highlights

This week’s round-up covers key developments affecting our membership, including litigation updates, guidance on USAID departure dates, and more.

Update on AFSA’s Legal Actions

USAID Class Action MSPB Appeal

AFSA and Democracy Forward have partnered with the law firms Crowley So, LLP and Kalijarvi, Chuzi, Newman, and Fitch, P.C. (KCNF) to represent Foreign Service members who received reduction in force (RIF) notices from USAID in a potential class action appeal before the Merit Systems Protection Board (MSPB).

Please refer to our FAQ for answers to frequently asked questions. We will soon schedule a town hall to address member questions. Stay tuned for more details and information collection efforts to support this appeal.

USAID Lawsuit

As we await the Department of Justice's opposition to our motion for summary judgment, some of you may wonder what effect, if any, the recent decision out of the Maryland federal court has on our case.

The short answer is that while the developments are encouraging, they don’t significantly affect our case. The Maryland case was brought by 26 USAID employees and Personal Service Contractors against Elon Musk, in his role as head of the Department of Government Efficiency (DOGE), and against DOGE itself. Their lawsuit focused on whether Musk and DOGE overstepped their constitutional authority by taking actions related to USAID without proper authorization.

On March 18, Judge Chuang issued an opinion partially granting a preliminary injunction. The court found that the plaintiffs were ‘likely to succeed’ on their claims that the actions to dismantle USAID violated the constitutional separation of powers principle because those actions were taken without consulting with Congress (which is the same claim we make in our case) as well as claims that Musk and DOGE do not have authority to dismantle USAID.

The judge in our case may find Judge Chuang's reasoning on this claim persuasive, but because they are both district court judges, the opinion of one is not binding on the other. As a practical matter, because the injunction in that case is only against the defendants—Musk and DOGE—the overlap with our case is minimal.

USAID Departure Dates Guidance

The deadline for updating your information in the Permanent Change of Station (PCS) portal is today, March 21. If you haven't already, we suggest you consider the following as you make your decision on how best to respond to the request to fill in information on the PCS portal:

If you require a waiver, you must complete that section of the PCS portal or email the request to the appropriate contact, copying your Mission Director (MD), Executive officer (EXO), and other post leaders.
If you have received a RIF notice, you should provide the requested information. Your RIF notice contains a termination date, and you do not want to be caught overseas after you are terminated, as this may result in you being held financially responsible for your repatriation. You should indicate in the portal your objection to the notice and state that you “reserve any and all rights, including the right to file a grievance, associated with ordered or authorized departures, involuntary curtailments, suspended operations, and any other mode of recall.” You may also consider putting “TBD” as the destination.
If you do not have a RIF letter, you should discuss the next steps with your MD, EXO, and family before taking action. We do not know what may happen to those who do not comply with the request for information. However, AFSA advises you to comply and state that you “reserve all rights, including the right to file a grievance, related to ordered or authorized departures, involuntary curtailments, suspended operations, and other modes of recall.” You may also want to note, “the actual date of departure may change based on future guidance and is only notional at this time,” or provide the end date on your assignment cable and list the destination as “TBD.”

In Case You Missed It

It was another busy week. Here are some key communications and other relevant updates you may have missed.

DEIA Core Precept Changes

On March 19, the Department of State issued a notice unilaterally eliminating an entire core precept at the end of the rating cycle. This was done without AFSA’s concurrence, violating the department’s collective bargaining agreement with AFSA. We disagree with this unilateral action and will challenge it to hold the department accountable.

Additionally, we are closely monitoring the implementation of the executive order “Discrimination and Discriminatory Equity Ideology from the Foreign Service.” We will oppose any efforts to impose punitive measures on any members of the Foreign Service who were implementing administration policies.

Thus far, AFSA understands that the State Department is not interpreting that this executive order would retroactively apply to past DEIA actions in your performance evaluations. Read the full message here.

Voluntary Early Retirement Authority

At the February board meeting, AFSA agreed to pursue a VERA option for the Foreign Service. Based on further member feedback, the proposal was revisited at the March board meeting.

Following a thorough debate, we have chosen to advance a Foreign Service VERA option that strikes the best balance between meeting our members’ needs and achieving a realistic path to becoming law. Read more here.

Webinar Series on Career Transition and Financial Planning

Between March 25 and April 24, AFSA will host a series of webinars with speakers who have presented at FSI and/or are subject matter experts who can provide invaluable advice regarding transitioning from your government career to financial planning.Read the full message for more information, including how to register.

Legal Defense Fund

Thank you to our AFSA retiree members who organized and attended the March 19 fundraiser for the LDF. We truly appreciated the outpouring of support, which clearly demonstrates their commitment to supporting active-duty colleagues during these chaotic times. We anticipate a continuing need for LDF funding as AFSA continues our legal battles and as more members decide to pursue legal remedies. We look forward to future fundraisers and again to extend a heartfelt thank you to all the members spreading the word about the LDF. Relatedly, we encourage you to share this latest clip: LDF Fundraising Video

USAID Alumni Association (UAA) Support Survey

UAA, a 501(c)(3) organization of more than 1200 USAID alumni, is distributing this survey to current and recently terminated USAID staff to determine the nature and level of support (both financial and other) these individuals and their families may need due to the current and planned staffing cuts. The survey is limited to general service officers, Foreign Service employees, U.S. personal services contractors, RASAs, PASAs, and fellows. Click here to take the survey. The survey is open to everyone regardless of RIF and recall status.

As always, thank you for your membership and your service.