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The Trump administration has initiated plans to terminate all federal employees working in diversity, equity, inclusion, and accessibility (DEIA) offices as of Election Day. Agencies have been instructed to place these workers on paid administrative leave immediately, following guidance from the Office of Personnel Management (OPM).
Charles Ezell, the acting director of OPM, issued a memorandum implementing an executive order from President Trump. The order mandates the cessation of all DEIA activities across federal agencies. President Trump has criticized DEIA efforts, claiming they undermine a merit-based civil service and contribute to societal division.
Immediate Actions Against DEI Required by Agencies
The OPM directive requires agencies to:
- Notify employees of DEIA office closures.
- Remove all public-facing content related to DEIA offices.
- Withdraw pending DEIA-related guidance or directives.
- Cancel all DEIA training sessions.
By the close of business on Wednesday, agencies must inform affected employees of their administrative leave status. A sample letter drafted by OPM states that DEIA programs “divided Americans by race, wasted taxpayer dollars, and resulted in shameful discrimination.” Employees are also encouraged to report any efforts to obscure DEIA activities since the election, with failure to do so potentially leading to disciplinary actions.
Administrative Leave Details
Employees placed on administrative leave will:
- Continue to receive their full salary and benefits.
- Be excused from work and office attendance.
- Have their email accounts suspended.
The notification letters assure employees that updates will be provided as they become available, thanking them for their patience and cooperation.
Agencies must update OPM on their progress by Thursday, including providing a list of all affected employees. OPM will then assist in creating reduction-in-force (RIF) plans, which must be finalized by January 31. Federal statutes allow for RIFs in cases such as reorganization, lack of work, or funding shortages. By targeting DEIA offices specifically, the administration appears to be on firmer legal ground compared to pursuing indiscriminate layoffs.
Legal Implications and Potential Challenges For DEI
Federal employees affected by RIFs have the right to appeal through the Merit Systems Protection Board (MSPB). Legal experts anticipate a significant increase in cases if large-scale layoffs occur, potentially overwhelming MSPB’s capacity. Historically, MSPB handles only a few thousand cases per year, and a surge in appeals could result in prolonged dismissal processes. The board might consolidate similar cases into a single class action to manage the influx.
Leadership Changes and Congressional Funding For Closing DEI offices
President Trump replaced Cathy Harris, a Biden appointee, as MSPB chair on his first day in office, appointing Henry Kerner instead. Kerner, initially a Trump appointee to lead the Office of Special Counsel, was later appointed by President Biden to serve as MSPB’s designated Republican member.
The administration may face additional challenges in closing DEIA offices funded directly by Congress. Donald F. Kettl, a professor emeritus at the University of Maryland, noted that a president cannot unilaterally undermine functions mandated by Congress.
Focus on Recent Hires
Separately, OPM has asked agencies to compile lists of employees hired recently and still in their probationary period. These employees can be dismissed without the usual civil service protections, raising concerns about potential mass firings.
Amanda Scales, a former xAI employee and current OPM chief of staff, was listed as the point of contact on the memo. OPM has not responded to requests for comment. The directive marks a significant shift in federal workforce policy, sparking debates about the future of DEIA initiatives in government.
