'Illegal mandates' | Musk 'Fork in the Road' email prompts rebuke from EEOC judge

Musk 'Fork in the Road' email prompts rebuke from EEOC judge

A federal judge has challenged an email directive issued by Elon Musk’s Department of Government Efficiency (DOGE), alleging it threatened workplace rights and contributed to discrimination concerns within the Equal Employment Opportunity Commission (EEOC).

Karen Ortiz, an administrative judge with the EEOC, criticized DOGE’s now infamous email titled “Fork in the Road,” which invited employees to resign as part of cost-cutting measures under the new Trump administration. Ortiz said the directive alarmed her further when her supervisor ordered LGBTQ+ discrimination cases to be paused and reviewed in Washington, citing Trump's executive order defining gender as strictly male or female.

“Spoon is better than a fork”

In response, Ortiz emailed EEOC acting chair Andrea Lucas and over 1,000 colleagues with the subject line “A Spoon is Better than a Fork.” In her message, Ortiz questioned Lucas's qualifications and declared her refusal to comply with what she believed were "illegal mandates." She argued the directive conflicted with the EEOC’s mission to uphold workplace equality.

Ortiz’s email, which called on colleagues to "resist" the new policies, was soon deleted, and she lost email access for a week. The EEOC later issued her a written reprimand for "discourteous conduct."

Support and fallout from email

Ortiz’s email sparked significant online discussion, gaining traction on platforms like Reddit and Bluesky. Supporters hailed her as a "hero," while others criticized her for being unprofessional. The EEOC declined to comment on “internal matters” but noted that employees had recently been reminded of its policy prohibiting unauthorized mass emails.

Despite the reprimand, Ortiz said she stands by her actions, describing her email as a "love letter" to her colleagues. She acknowledged the risks to her career but insisted her stance was necessary to protect vulnerable employees.

Her concerns align with broader unease about DOGE’s cost-cutting efforts. A poll by The Associated Press-NORC Center for Public Affairs Research indicated that while 30% of US adults supported Trump’s initiative to downsize government agencies, around 40% opposed job cuts on such a scale.

William Resh, a public policy professor at the University of Southern California, suggested fear of retaliation may have discouraged other federal employees from speaking out.

Ortiz, who has worked in the federal sector for 14 years, remains committed to workplace equity. While aware that her position is at risk, she maintains that her actions align with her professional duty.

“If they fire me, I’ll find another way to do this work,” Ortiz said. “They’ll have to physically march me out of the office.”

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