Case: Luevano v. Ezell

1:79-cv-00271 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 29, 1979

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a long-standing case about equal employment in the federal civil service. The case was originally brought in 1979 by nonprofit counsel against the then Director of the Officer of Personnel Management (OPM) as a class action lawsuit in the United States District Court for the District of Columbia. The applicants had filed suit, claiming that the Professional and Administrative Career Examination (PACE) violated Title VII of the Civil Rights Act of 1964. The Plaintiffs alleged that PACE, …

This is a long-standing case about equal employment in the federal civil service. The case was originally brought in 1979 by nonprofit counsel against the then Director of the Officer of Personnel Management (OPM) as a class action lawsuit in the United States District Court for the District of Columbia. The applicants had filed suit, claiming that the Professional and Administrative Career Examination (PACE) violated Title VII of the Civil Rights Act of 1964. The Plaintiffs alleged that PACE, which was used by the Civil Service Commission during its hiring process, had an adverse impact on Black and Hispanic applicants. The case ultimately settled in a 1981 consent decree, under which the federal government in part agreed to (1) eliminate PACE, and (2) establish two special hiring programs, Outstanding Scholar and Bilingual/Bicultural. The Clearinghouse does not have access to the original complaint at this time.

The consent decree had been in place for 45 years when, on March 10, 2025, the new OPM Director under Donald Trump's second administration moved to terminate the consent decree. He argued that the consent decree discriminated on the basis of race in violation of the constitution. A memorandum explaining the government's position was submitted alongside the motion to vacate on March 10, 2025. In the memorandum, Defendants argued that the consent decree is unworkable, and that it conflicts with current law. This case has been assigned to Judge Reggie B. Walton and is ongoing.

Summary Authors

Juliet Alpert (3/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69731384/parties/luevano-v-director-office-of-personnel-management/


Judge(s)
Attorney for Plaintiff

Baller, Morris J. (California)

Erickson, John H. (California)

Attorney for Defendant

Blankenstein, Paul (District of Columbia)

Chavez, Mark A. (District of Columbia)

Duffey, Thomas (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:79-cv-00271

Bulk Records from Pre-CM/ECF- Records Use Only

Jan. 29, 1979

Jan. 29, 1979

Other

1:79-cv-00271

ORDER MODIFYING THE LIST OF DEFENDANT CLASS MEMBERS, and ORDER GRANTING FINAL APPROVAL TO THE CONSENT DECREE

Luevano v. Campbell

Nov. 19, 1981

Nov. 19, 1981

Order/Opinion

93 F.R.D. 68

1:79-cv-00271

Opinion and Order

Luevano v. Horner

June 27, 1988

June 27, 1988

Order/Opinion

1988 WL 147603

2

1:79-cv-00271

Motion to Terminate the Consent Decree

Luevano v. Campbell

March 10, 2025

March 10, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69731384/luevano-v-director-office-of-personnel-management/

Last updated April 21, 2025, 5:01 p.m.

ECF Number Description Date Link Date / Link
1

ALL DOCKET ENTRIES PRIOR TO OCTOBER, 1994 FROM MICROFICHE (PRE CM/ECF). (znmw) (Entered: 03/12/2025)

Jan. 29, 1979

Jan. 29, 1979

Clearinghouse
2

MOTION to Vacate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(znmw) (Entered: 03/12/2025)

1 Text of Proposed Order

View on PACER

2 Certificate of Service

View on PACER

March 10, 2025

March 10, 2025

Clearinghouse

Case Assigned/Reassigned

March 13, 2025

March 13, 2025

PACER

Case Reassigned to Judge Reggie B. Walton. Joyce Hens Green is no longer assigned to the case. (znmw)

March 13, 2025

March 13, 2025

PACER
3

CERTIFICATE OF SERVICE re 2 Motion to Terminate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT . (Duffey, Thomas) Modified to add link on 3/18/2025 (znmw). (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
4

CERTIFICATE OF SERVICE re 2 Motion to Terminate Consent Decree by DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT . (Duffey, Thomas) Modified to add link on 3/18/2025 (znmw). (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
5

MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Vacate by ANGEL G. LUEVANO. (Attachments: # 1 Text of Proposed Order Proposed Order)(Youker, Kathryn) (Entered: 03/21/2025)

1 Text of Proposed Order Proposed Order

View on RECAP

March 21, 2025

March 21, 2025

RECAP
6

NOTICE of Appearance by Kathryn Youker on behalf of ANGEL G. LUEVANO (Youker, Kathryn) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP
7

NOTICE of Appearance by Nina Perales on behalf of ANGEL G. LUEVANO, MELODY A. VAN, VICKY L. CHAPMAN, IMAGE DE CALIFORNIA (Perales, Nina) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

April 1, 2025

April 1, 2025

PACER
8

NOTICE of Appearance by Andrew G. Braniff on behalf of All Defendants (Braniff, Andrew) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
9

NOTICE of Appearance by Nicolas Shump on behalf of ANGEL G. LUEVANO (Shump, Nicolas) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Appointments/Civil Service)

Key Dates

Filing Date: Jan. 29, 1979

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs were black and hispanic applicants for government employment

Attorney Organizations:

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Office of Personnel Management (District of Columbia), Federal

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Discrimination Area:

Hiring

Discrimination Basis:

Race discrimination