Warner and Kaine Request Guidance on Federal Employees' Right to Self-Expression During Middle East Conflict

Letter

Date: Nov. 16, 2023
Location: Washington, D.C.

Dear Director Ahuja and Acting Special Counsel Gorman:

We are writing on behalf of federal employees in Virginia who have expressed fears about
censorship and reprisal resulting from their expression of views related to the horrific terrorist
attack committed by Hamas against Israel on October 7 and the ongoing conflict and
humanitarian crisis in the Gaza Strip. We are concerned that the federal government has not
provided adequate guidance on federal employees' rights to self-expression. To that end, we
request that you develop and circulate clear guidance, or direct agencies to do so, concerning the
federal government's policies on federal employee self-expression, and that you ensure federal
employees do not face retaliation for expressing their personal views in line with that guidance.

Virginia is home to one of the highest concentrations of federal employees in the country. These
federal employees perform essential work for the country and deserve respect for their public
service and commitment to their fellow citizens. Unfortunately, we have heard from a number of
federal employees in Virginia that they are either afraid to share their personal views for fear of
being targeted for reprisal, or do not know the policies around sharing personal views and have
consequently remained silent, even amid personal grief. Fears of being targeted for reprisal or
remaining silent have manifested in numerous ways, including deleting social media, refraining
from attending demonstrations, or simply refusing to share any views.

We understand your office held a "Learning Community Webinar" to discuss antisemitism,
Islamophobia, and other forms of religious discrimination on October 27. We appreciate efforts
such as this and strongly encourage you to build on this conversation to further inform federal
employees and provide clarity on their rights to self-expression. As federal employees -- many of
whom have personal connections to the ongoing conflict -- continue to serve their country with
dignity and professionalism through this challenging period, it is essential that they be offered
clear and transparent guidance on their right to self-expression as employees of the United States
government.

Although we appreciate your outreach efforts to federal employees thus far, current OPM and
OSC policies lack adequate guidance on this matter and have left many federal employees
unaware of their rights. This conflict has brought incredible heartache to countless Americans,
and we urge you to act swiftly to develop clear guidance on federal employees' rights allowing
for the appropriate expression of these sentiments.

Sincerely,


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