Education Department Calls Back Civil Rights, Some DEI Employees

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The U.S. Department of Education will start to bring back roughly 250 civil rights staffers that it tried to fire in March, according to a schedule the U.S. Department of Education submitted in federal court Tuesday.

The department said it will reinstate roughly 25 employees Sept. 8, nearly three months after a federal judge told the department to start the process, and will return another 60 every two weeks until early November. 

The plan comes after the Massachusetts district court judge refused to throw out a June 18 order requiring the department to put the employees back to work. Department officials are now appealing that ruling.

Sean Ouellette, who represents the families and advocates who sued over the firings at OCR, said he was pleased to see “a commitment” from the department.

“I hope they restore staff on the schedule they laid out, or hopefully faster. We’re not really sure it should take that long,” said Ouellette, a senior attorney with Public Justice. “We’re a little skeptical because this only comes after the court called them out on the delay.”

In another personnel development, the department will begin reinstating employees placed on leave in late January because their positions were linked, sometimes tenuously, to diversity, equity, inclusion and accessibility programs. Many of those targeted were told by their supervisors during the first Trump administration to attend a DEI training. The American Federation of Government Employees Local 252, which represents the department staff, filed for arbitration — a dispute resolution process — rather than bringing a lawsuit.

“Because our local refused to stand down, we have learned that a number of our members placed on DEI leave are being returned to duty,” Sheria Smith, president of Local 252, wrote to employees Tuesday. 

But Madi Biedermann, a spokeswoman for the department, disputed that arbitration played a role in the decision.

“The agency determined they are an asset to the workforce,” she said.

The action could slow down progress toward President Donald Trump’s pledge to dismantle the Education Department and eliminate any DEI-related activity — central pieces of his agenda that the public doesn’t necessarily support, according to recent PDK Poll results. 

McMahon fired roughly half its OCR staff members March 11 along with over 1,000 other employees. The Victims Rights Law Center, which represents victims of sexual assault, argued that their dismissal in combination with the closure of seven out of 12 regional offices, left the office unable to perform duties mandated by law. 

The department tried to link the OCR firings to a different case in which the Supreme Court allowed McMahon to let staff go from other divisions within the agency. In both cases, the courts have yet to issue a final decision on whether the firings were legal. Judge Myong Joun agreed with Public Justice, saying that the OCR case presented “distinct factual circumstances,” and “cannot be lumped in with” the other lawsuit. 

The department disagrees. “At bottom, plaintiffs’ lawsuit is an improper programmatic attack on how the department runs OCR,” wrote Michael Bruns, an attorney with the Justice Department. In the appeal to the U.S. Appeals Court for the First Circuit, he called the lawsuit “crafty pleading.”

For now, however, Joun’s opinion leaves the department with no further options but to bring back the staff. 

OCR, not surprisingly, hasn’t been able to move through cases as quickly as it did prior to the layoffs. Since March 11, the office has resolved 413 complaints, compared to about 200 per month previously, Steven Schaefer, deputy assistant secretary for policy at OCR, wrote in a filing to the court.  

Ouellette, the Public Justice attorney, said having more attorneys and investigators back to work should help OCR make progress on the backlog.

“At least that will get things back to the way they were, which was already strained,” he said.

‘Called back’

Union officials haven’t received any communication from the department specifying which employees are returning or when they will start work, said spokesman Andrew Feldman. But the department did tell some to report to the cafeteria on Monday for a “brief orientation,” according to a notice to employees shared with The 74.

“We have members who have self-reported to us they have been called back,” Feldman said.

One of those is Kissy Chapman-Thaw, an education program specialist and former teacher. She learned secondhand that she would be among those returning Sept. 8, which she said the department’s IT help desk confirmed Wednesday. 

She oversaw budgeting and higher education grants, including COVID relief funds, but she attended the three-day DEI training in 2019, which she thinks likely contributed to her dismissal.   

“For me, as an African American woman, I felt not just educated, but I understood how to be more sensitive to other people in general,” she said. She refused to quit while her job was in limbo. “After a month, I was like, I’m not going anywhere. They’ve got to fire me. I’m just not going to walk away that easily.”

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