The law applies when employees are in a federal room or building or are on duty. Image: diy13/Shutterstock.com
By: FEDweek StaffNew considerations have arisen for federal employees under the Hatch Act now that President Biden has formally announced that he is running for re-election, says the Office of Special Counsel, which enforces that law.
“For purposes of the Hatch Act, political activity is defined as activity directed at the success or failure of a political party, partisan political group, or candidate for partisan political office. This prohibition is broad and encompasses more than displays or communications (including in-person and via email or social media) that expressly advocate for or against President Biden’s reelection,” it says.
It notes that the law applies when employees are in a federal room or building or are on duty; “on duty” means in a pay status other than paid leave, including during working hours when they are teleworking from home or another location.
That means, for example, that while on duty or in the workplace, employees may not: “wear, display, or distribute items with campaign slogans, including from the 2020 Biden/Harris campaign or any other of President Biden’s past campaigns, or with the phrase, “Let’s Go Brandon”; or use hashtags such as #IStandWithBiden, #BidenDisaster, or #letsgobrandon in social media posts or other forums,” it says.
In addition, employees “generally may not wear or display items with the image of President Biden,” except that official and personal photographs are allowed in both public and personal spaces, so long as they are not presented in a way to advocate for or against his candidacy.
OSC had issued similar guidance in 2018 when then-President Trump formed an official campaign committee to run for re-election in 2020.
The new memo also points out more detailed guidance on Hatch Act issues regarding telework and use of social media.
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