'Illegally fired' | Trump DEI dismissals raise legal and workforce concerns

Trump DEI dismissals raise legal and workforce concerns

A group of federal workers removed from their posts under Donald Trump’s executive orders targeting diversity, equity, and inclusion (DEI) efforts are mounting a legal challenge, claiming unlawful termination based on perceived political affiliation.

Among them is Mahri Stainnak, a former director at the Office of Personnel Management (OPM), who is now the named appellant in a complaint filed with the Merit Systems Protection Board (MSPB), the agency that adjudicates personnel disputes within the federal workforce. Stainnak, who previously worked on LGBTQ and accessibility issues under the Biden administration, had recently transitioned into a new role focused on tech hiring when they were abruptly placed on administrative leave.

Stainnak contends the dismissal was linked not to their current role, but to prior DEI-related work. “It’s not right that myself and others have been targeted and illegally fired based on who the Trump administration thinks we are or the assumptions they make about our values,” said Stainnak.

Legal representation from civil rights firms and the American Civil Liberties Union of D.C. argues the mass firings constitute political retribution in violation of federal merit system principles. The complaint describes the dismissals as a “reduction in force masquerading as lawful reorganisation.”

Trump’s DEI war accelerates with sweeping cuts

The Trump administration’s executive orders declare DEI initiatives “dangerous” and accuse them of replacing merit-based hiring with what it describes as identity-based favoritism. In response, agencies were ordered to identify and remove staff associated with DEI work as of November 2024 - months before the orders were signed.

As a result, employees in roles unrelated to DEI but with previous ties to such programs have found themselves under scrutiny. Jessica Swan, a Department of Education official overseeing English-language learner grants, was among those placed on leave despite her work being unrelated to diversity programming.

“I’ve spent the last three decades of my life working to support this particular population of kids,” she said. “To date, I’ve been given no answer.”

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Sherrell Pyatt, a Homeland Security civil rights specialist, has also been notified of her termination. Her work includes support for border agents, pandemic response, and hurricane relief for Spanish-speaking communities. Like Swan and Stainnak, Pyatt plans to join the legal action once her dismissal is final.

The MSPB, which is mandated to ensure fair treatment of federal employees, may now be drawn into a broader battle over executive power. A separate case involving board member Cathy Harris, recently reinstated after being removed by Trump, could reach the Supreme Court.

Impact of DEI firings extends beyond individuals

Critics warn that the dismissals risk depleting the federal government of experienced professionals across agencies. “It’s the opposite of trying to develop the meritocracy economy that we want to have,” said Kelly Dermody, a managing partner at Lieff, Cabraser, Heimann & Bernstein, one of the law firms involved in the complaint.

The White House, in a statement to NPR, defended the president’s authority to eliminate what it called “unlawful DEI practices” and insisted hiring decisions are merit-based.

Still, attorneys report nearly a dozen clients from multiple federal departments - including Homeland Security, Education, Labor, and Health - are either already part of the complaint or preparing to join. Some say the only link to DEI is a past training or membership in an employee resource group.

As the Trump administration pushes forward with its crackdown on DEI in government, observers warn the consequences may extend far beyond internal HR policy - potentially reshaping long-standing civil service protections and upending the federal workforce.

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