BURSTThe American Civil Liberties Union (ACLU) has filed a class action complaint with a federal employment board, asking it to review the firings of employees who worked on diversity, equity and inclusion (DEI) and accessibility efforts.
The filing notes that two orders signed by President Trump stretched back to Election Day, targeting employees who worked on DEI and accessibility (referred to as DEIA) issues but who were transferred to other roles ahead of his inauguration.
“The implementation of the EOs [executive orders] betrays their partisan political goals by targeting employees, not positions, for [reductions in force], and by insisting on the elimination of those employees whom the government perceived to have worked in DEIA on the date of the presidential election, November 5, 2024,” the complaint states.
The complaint, filled with the Merit Systems Protection Board (MSPB), said those employees were “unlawfully punished for their perceived political affiliations."
“Targeting hard working civil servants because they are associated with an idea the government dislikes violates the First Amendment. President Trump can’t drag us back to a dark chapter in history where the government targeted people simply for their views or values,” Scott Michelman, legal director at the ACLU-D.C., said in a statement.
“The decision to go after people for DEI work they are no longer doing shows the administration’s true motive: to punish employees who they think hold values that clash with the president’s extremist agenda.”
The filing notes that “Trump has explicitly associated DEIA programs with his Democratic predecessor, Joseph R. Biden.”
It also says the firing likely violated the Civil Rights Act, contending the workers were targeted for their sex and race.
The MSPB has temporarily reinstated some employees fired by Trump, including probationary workers who were fired en masse. Probationary workers, who generally have been hired within the last year or two, must be fired for cause.
Other employees who worked on DEI and accessibility issues have previously filed legal challenges beyond the MSPB.
Several CIA officers who were temporarily assigned to DEI and accessibility roles sued after they were placed on administrative leave and faced imminent firings.
“None of these officer’s activities was or is illegal, and at no time have the agencies employing Plaintiffs contended that they individually engaged in any misconduct, nor are they accused of poor performance,” the suit says.