We represent victims of reverse discrimination and anti-DEI whistleblowers

Over the first couple months of the second Trump administration, the president’s determination to eliminate Diversity, Equity, Inclusion and Access (DEIA) activities has taken many forms. Several executive orders have been devoted to this subject. Many of these efforts are being executed by the U.S. Office of Personnel Management (OPM). 

One day after the inauguration, an OPM memo sent to government agencies announced the creation of an email account with the address [email protected]. This gave federal employees the chance to report prohibited DEIA activities. OPM also emphasized the possibility that the description of certain DEIA-related positions or programs might have been altered in order to hide their true nature. Tips on those types of changes could also be reported through that email account. 

On February 5, Acting OPM Director Charles Ezell sent an additional memo to heads of departments and agencies further detailing the practical implications of President Trump’s orders concerning DEIA. The document confirms that all DEIA offices, programs, policies and practices are to be eliminated. This broad prohibition covers recruiting, hiring, training, internships, fellowships, promotion, retention, discipline and separation based on legally protected characteristics. 

While the guidance underscores the government’s commitment to enforcing compliance, it also raises questions about what specifically qualifies as a prohibited DEIA activity. A specific violation mentioned in the February 5 memo is the use of diversity requirements in hiring panels and employee candidate pools. Employee Resource Groups (ERGs) that promote unlawful DEIA initiatives are also barred. Accordingly, ERGs cannot advance recruitment, hiring, training or development based on protected characteristics such as race, sex, religion, age or disability status. 

Conversely, Ezell states that legally mandated accessibility efforts and disability-related accommodations should remain in effect. Agency leaders will have the discretion to permit affinity groups that provide mentorship and gather for lunches and cultural events. However, attendance at any events cannot be limited to employees within a particular group, and attendees cannot be separated by race, sex, religion or any other protected characteristic. 

If you are a federal employee, reporting what you believe to be a DEIA-related violation might lead to changes at your workplace. You might even have already been a victim of unlawful discrimination that entitles you to legal relief. At Kardell Law Group, we represent federal employees and other workers who seek compensation for the harm they suffered on the job.