In a Federal News Network article, KCNF associate Anna Kathryn Barry outlines the ongoing legal challenges to Trump’s executive orders targeting employees deemed to be involved in DEI initiatives.
The executive orders, issued in January 2025, direct federal agencies to eliminate DEI-related offices, programs, and positions, raising concerns about widespread violations of constitutional and statutory protections for federal employees associated with DEI-related initiatives. In response, the U.S. Office of Personnel Management (OPM) issued guidance requiring agencies to place DEI employees on administrative leave, identify all DEI-related staff, and submit plans for conducting reductions in force (RIFs).
As a result, many federal workers were placed on administrative leave and later received termination notices, often solely based on perceived affiliation with DEI work, regardless of their actual job duties. In some cases, employees were targeted simply for having held DEI roles on the date of the 2024 General Election.
Legal concerns raised in response to these actions include:
- Violation of the First Amendment: Employees appear to have been targeted based on perceived political beliefs, which is unconstitutional.
- Discriminatory Impact: The orders have disproportionately affected employees of color and women, raising Title VII concerns under the Civil Rights Act of 1964.
- Elimination of Legally Mandated Roles: Certain eliminated positions were required by federal law, such as under the Dodd-Frank Act.
- Failure to Follow RIF Procedures: Agencies ignored established legal processes, including veterans’ preference and job reassignment protocols, and in some cases, removed individuals from positions they did not actually hold.
Federal employees impacted by these actions have limited windows to file complaints or appeals. EEO complaints generally must be initiated within 45 days of the triggering event, while appeals to the Merit Systems Protection Board (MSPB) must be filed within 30 days of a termination or covered personnel action.
The legal fallout from these executive orders is ongoing, and further litigation is expected as more employees seek to challenge their removals. KCNF remains committed to defending the constitutional and statutory rights of federal employees. If you believe you were impacted by these executive orders, please contact our office for a consultation.