Federal workers targeted for DEI-related activities file class action
complaint
[March 27, 2025]
By ALEXANDRA OLSON
NEW YORK (AP) — A group of federal employees targeted for dismissal
because of their involvement in diversity, equity and inclusion
activities has filed a class action complaint against the Trump
administration.
The complaint alleges that the ongoing mass firings unlawfully target
federal employees based on their perceived political views, infringe on
their First Amendment rights and violate anti-discrimination laws by
disproportionally affecting workers who are not white men.
The complaint was filed before the Merit Systems Protection Board, an
independent federal agency, by the American Civil Liberties Union,
Democracy Forward and two law firms. It was filed on behalf of Mahri
Stainnak, a 16-year federal employee who was working at the Office of
Personnel Management when they were dismissed as part of President
Donald Trump’s executive order to eliminate DEI programs from the
federal government.
According to the complaint, Stainnak had been working as director of
OPM's Talent Innovation Group — a position that was not DEI-related —
upon receiving a “Reduction In Force” notice citing Trump's executive
order. Stainnak had previously held the position of deputy director
OPM's Office of DEIA.
The complaint alleges the federal government is violating the “Reduction
in Force" system by firing Stainnak and other employees for their past
work or activities instead of eliminating actual roles related to DEI.
In doing so, the complaint said the Trump administration's orders
“betrays their partisan political goals by targeting employees, not
positions, for RIFs.”
Some employees were targeted for participating in employee resource
groups or DEI trainings, rather than their current roles, the complaint
said. It cites Trump's past remarks calling DEI work part of “leftist
ideology” and a “woke” political agenda as evidence that the government
is for their “presumed political affiliation.”
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A spokesperson for the Justice Department, named as a defendant in
the complaint, did not immediately reply to request for comment.
The complaint before the Merit System Protection Board, an
independent federal agency, is a required step for exhausting
administrative procedures before eventually filing a civil lawsuit
in federal court, said Kelly Dermody of Lieff, Cabraser, Heimann &
Bernstein and Mary Kuntz of Kalijarvi, Chuzi, Newman & Fitch PC, the
attorneys representing the workers.
The complaint identifies three other federal employees, currently on
administrative leave, who will be added to the complaint when their
dismissals officially take effect next month. Dermody and Kuntz said
the complaint will continue to be amended to add more federal
workers as their dismissals take effect.
Dermody and Kuntz said their investigation and interviews with
employees indicate that the firings disproportionally affected
workers who are women, people of color and LGBTQ in violation of
Title VII of the Civil Rights Act, which prohibits employment
discrimination based on race, color, religion, sex and national
origin.
The complaint demands that the government provide a list of
employees who were placed on leave or fired because of the DEI
executive order, along with their race and gender.
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