In an unprecedented move, the federal government has ordered all Diversity, Equity, and Inclusion (DEI) employees across federal agencies to be placed on paid administrative leave, with steps underway to eliminate DEI offices and programs entirely. This action, outlined in a memorandum from the U.S. Office of Personnel Management (OPM), raises serious concerns about its legality, fairness, and broader implications for federal employees.
At Southworth PC, we are closely examining this issue and are prepared to advocate for those impacted. If you believe you are being targeted as a DEI employee, here’s what you need to know.
Why This Action May Be Unlawful
- Potential Violations of EEO Laws:
Employees engaged in DEI work often advocate for equal employment opportunity (EEO) protections and address workplace discrimination. These activities are frequently considered protected activity under Title VII of the Civil Rights Act. Retaliating against employees for engaging in these activities, even indirectly, is prohibited. - Adverse Employment Actions:
Being placed on administrative leave, even with pay, can still qualify as an adverse employment action under federal law if it results in reputational harm, restricts future opportunities, or is linked to retaliation or discrimination. - Intersection with Protected Characteristics:
The DEI workforce often includes individuals from historically marginalized groups. If this directive disproportionately affects employees based on their race, gender, religion, or other protected characteristics, it could amount to systemic discrimination.
Key Case Law Supporting DEI Employees
Federal case law strongly supports protections for employees engaging in EEO-related activities, including those working in DEI roles. For example, in Proctor v. USPS, the Equal Employment Opportunity Commission (EEOC) emphasized that employees responsible for administering EEO programs must be insulated from retaliation to preserve the integrity of those programs. The decision recognized that restricting or penalizing employees for performing their EEO duties undermines Title VII protections.
Similarly, in Winters v. Secretary of Agriculture, the EEOC found that reassigning an EEO assistant to non-EEO duties after filing their own EEO complaint constituted unlawful retaliation. The Commission emphasized that participating in EEO processes—whether as an advocate or a complainant—is protected under federal law. These cases underscore that actions targeting DEI employees could be viewed as retaliatory and discriminatory, particularly if they interfere with their ability to perform their duties or are tied to their protected activity.
How We’re Taking Action
At Southworth PC, we are proud to announce that we are preparing and filing multiple Freedom of Information Act (FOIA) requests to uncover critical details about the decision-making behind this mandate. These requests will focus on:
- The criteria used to identify and target DEI employees.
- Communications within agencies about DEI programs and activities.
- Evidence of discriminatory intent or improper motives.
Our goal is to shine a light on this issue and ensure accountability for any actions that violate federal law or employee rights.
What You Should Do If You’re Affected
If you’re a DEI employee or believe you’ve been targeted by this directive, here’s how to protect yourself:
- Document Everything:
Keep a record of all communications related to your placement on administrative leave or the closure of DEI programs. Save emails, memos, and any relevant documentation. - Understand Your Rights:
Employees performing DEI work are often engaging in protected EEO activities. Retaliation for this work is unlawful. Reach out to an attorney who can evaluate your specific situation. - Speak with Us:
We are actively seeking to represent federal employees impacted by these actions on a case-by-case basis. If you believe you’ve experienced discrimination, retaliation, or adverse employment actions, contact us for a consultation.
Why This Matters
This is not just a workplace issue—it’s a critical moment for civil rights and the principles of diversity, equity, and inclusion in government. Eliminating DEI offices doesn’t just hurt employees in these roles; it threatens to undermine the progress made toward a fair and equitable federal workforce.
At Southworth PC, we’re committed to fighting for fairness, accountability, and the rights of every federal employee. If you’re feeling targeted or have concerns about this mandate, we want to hear from you.
📞 Contact Southworth PC Today
For a consultation or more information, contact us.