Federal workforce in DEI offices to be dismissed by Trump administration
The Trump administration has issued a directive that could lead to the layoff of federal employees working in offices dedicated to diversity, equity, inclusion, and accessibility (DEIA) initiatives and programs.
According to a memo obtained by news outlets, the Office of Personnel Management (OPM) is asking agencies to deliver lists of every employee hired recently who works in such offices. The guidance comes from an executive order by President Trump, which directed all agencies to cease any DEI activities.
Agencies have been instructed to place these employees on paid administrative leave immediately, with notifications to be sent out on Wednesday. Employees facing administrative leave will receive their full salary and benefits while in that status, and they are not expected to work or come into the office. Their email will be suspended.
The Trump administration is planning to dismiss en masse employees who are still in their probationary period. However, the path to closing DEI offices that were specifically funded by Congress is more complex. A president cannot unilaterally undermine agencies' ability to carry out functions that Congress mandates.
Henry Kerner, a former Trump appointee who led the Office of Special Counsel, has been appointed to replace Cathy Harris as the chair of the Merit Systems Protection Board (MSPB) after Trump demoted her. Kerner was also nominated by President Biden to serve at MSPB in a designated Republican slot in 2023.
Federal employees subjected to layoffs have appeal rights to the MSPB. If large-scale Reduction In Force (RIFs) materialize, the MSPB could opt to lump all relevant cases together as one class. This could potentially lead to years of work for federal employment attorneys, who have speculated that they would be busy representing civil servants in such a scenario.
Amanda Scales, OPM's new chief of staff, was listed as the point of contact on the memo. Agencies must update OPM on their efforts to implement the memo by Thursday and coordinate with OPM to develop their reduction-in-force plan for all impacted employees, which must be finalized by Jan. 31. Agencies must also instruct employees of the office closures, take down any public-facing trace of those offices, withdraw any related guidance or directives, and cancel all DEI trainings by the close of business Wednesday.
This move by the Trump administration is part of a broader effort to roll back diversity and inclusion initiatives in federal agencies. The implications for the federal workforce and the future of DEIA efforts remain unclear.
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