(WASHINGTON) — A federal judge on Friday will consider blocking the Department of Government Efficiency from accessing records from the Department of Labor after a lawsuit alleged that Elon Musk’s cost-cutting team sought to illegally access highly sensitive data, including medical information, from the federal government.
Five federal unions alleged that DOGE employees are breaking the law by seeking to access sensitive records from the Department of Labor, including the “most private, sensitive employee and medical information on virtually every worker in America,” according to the suit
“Department of Labor employees have been told to unquestionably give DOGE operatives access to any system or information they request, or else face termination,” the lawsuit said, alleging that DOGE’s pattern of conduct has been “replete with violations of law.”
Musk’s private companies, including SpaceX and Tesla, have been investigated and fined by parts of the Department of Labor, and at least one of his companies is being actively investigated. Musk has denied all wrongdoing.
On Wednesday, in response to a lawsuit by several federal employee unions, lawyers with the Justice Department agreed to a temporary restraining order that would largely prohibit DOGE from accessing Treasury Department data.
As DOGE has, according to the suit, “zeroed in on and sought unprecedented access to sensitive information” from other federal agencies, including the Treasury Department and Department of Education, the lawsuit raised red flags about Musk’s intrusion into the Department of Labor because of the sensitivity of their records related to the administration of the Federal Employees’ Compensation Act.
According to the lawsuit, Labor Department records include injury reports for thousands of employees, medical records, claim forms, and personal information gathered during the administration of FECA claims.
The department also has records of at least 86,000 workers compensation claims from 2024 alone that could be breached by DOGE, the suit said.
“The threats to the Department of Labor that give rise to this action and application for emergency relief represent yet another iteration of what is fast becoming a pattern for DOGE: exceeding its narrow mission and exercising authority it does not (and cannot) possess by exerting control over agencies through personal attacks and threats of unlawful reprisals, and harming people and the stability of our nation in the process,” the lawsuit said.
In a court filing Thursday, Justice Department attorneys representing DOGE argued that the federal unions who brought the case failed to show how they would be harmed by the sharing of data between DOGE and the Labor Department, acknowledging that multiple DOGE representatives have already been sent to work for the department.
“Plaintiffs cannot establish standing, much less irreparable harm, to challenge the sharing of unstated categories of information from unidentified records systems to unknown individuals working in the Executive Branch,” their filing said.
The lawsuit further alleged that Musk — described as an “an unappointed, unelected, and temporarily serving official” — has sought to “run roughshod” over the Labor Department at the same time it has active investigations pending into his private companies.
The Occupational Safety and Health Administration — which falls under the Labor Department — previously investigated and fined Musk’s SpaceX and Tesla for multiple safety incidents, including one in connection with a SpaceX employee’s death. OSHA also has multiple open investigations into Musk’s Boring Company.
“Mr. Musk would ordinarily be unable to access nonpublic information regarding those investigations,” the lawsuit said. “In light of the blanket instruction to provide DOGE employees with ‘anything they want,’ Mr. Musk or his associates will be able to access that information simply by asking DOL employees for it.”
The plaintiffs are asking a federal judge to issue a temporary restraining order that would prohibit the Department of Labor from sharing any records with DOGE.
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