Filed Date: March 26, 2025
Case Ongoing
Clearinghouse coding complete
In this case, a federal worker (“appellant”) representing similarly-situated workers brought a class action appeal of termination with the U.S. Merit Systems Protection Board (MSPB) after a federal agency removed them from their position on the basis of President Trump’s Executive Orders 14151 (EO 14151) and 14173 (EO 14173) that sought to eliminate all Diversity, Equity, Inclusion, and Accessibility (DEIA)-related federal positions and programs. The ACLU, part of appellant’s legal representation, said (here) that this case challenges “the targeting of DEI-associated workers as unconstitutional retaliation based on perceived (left-leaning, or anti-Trump) political beliefs in violation the First Amendment, and as employment discrimination in violation of Title VII of the Civil Rights Act of 1964 primarily based on its disparate impact on workers of color and workers who are women or non-binary.” (To view the Clearinghouse’s coverage of DEIA-related cases against the second Trump administration, click here.)
On March 26, 2025, the appellant, a career civil servant for 16 years, brought this appeal against Trump, the Office of Personnel Management (OPM), the Office of Management and Budget (OMB), and the U.S. Department of Justice (DOJ) to MSPB after receiving on January 23, 2025 a Notice of Removal from Federal Service Due to a Reduction in Force (RIF). The notice attributed the RIF to the dissolution of the Office of Diversity, Equity, Inclusion & Accessibility and incorrectly identified the appellant’s title as “Diversity Program Manager.” Although the appellant had previously worked in OPM’s Office of DEIA as a “Deputy Director,” the appellant’s actual title at the time they received the RIF notice—and since December 2024—was Director of the Talent Innovation Group in OPM’s Workforce, Policy and Innovation Office. The appellant appealed the defendant’s employment action under 5 U.S.C. §2302(b)(12) and Merit System Principles (described in 5 U.S.C §2301(b)(2) and (8)(a)) on behalf of a similarly-situated class and sought class adjudication under regulations that govern MSPB, 5 C.F.R. § 1201.27(a). The appeal defined the class as follows:
“federal workers placed on administrative leave and separated from federal service due to EOs 14151 and 14173 and/or because the government associated them with the concepts of ‘diversity, equity, and inclusion’ and/or ‘diversity, equity, inclusion, and accessibility’ between January 20, 2025 and the first day of a hearing on Appellant and putative class members’ claims.”
The appeal alleged that the defendants’ removal of the appellant was unlawful because it violated RIF procedural requirements under 5 C.F.R. Part 351; discriminated against the appellant on the basis of sex in violation of 5 U.S.C. §2302(b)(1)(A) and Title VII of the Civil Rights Act of 1964, as amended; discriminated against the appellant based on their presumed political affiliation in violation of 5 U.S.C. §2302(b)(1)(e); violated their rights under the First Amendment; and violated 5 U.S.C. §2302(b)(12) and Merit System Principles in 5 U.S.C §2301(b)(2) and (8)(a).
Appellant sought a hearing; processing of the appeal as a class appeal; and a briefing schedule that permitted 30 days for discovery regarding class certification prior to briefing deadlines.
Summary Authors
Sylvia Al-Mateen (4/8/2025)
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: March 26, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A career federal civil servant representing a class of "federal workers placed on administrative leave and separated from federal service due to EOs 14151 and 14173 and/or because the government associated them with the concepts of ‘diversity, equity, and inclusion’ and/or ‘diversity, equity, inclusion, and accessibility’ between January 20, 2025 and the first day of a hearing on Appellant and putative class members’ claims."
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Donald Trump (- United States (national) -), Federal
Office of Personnel Management (OPM) (- United States (national) -), Federal
Office of Management and Budget (OMB) (- United States (national) -), Federal
U.S. Department of Justice (DOJ) (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Merit System Principles, 5 U.S.C §§ 2301 et seq.
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Discrimination Basis:
Presidential/Gubernatorial Authority: