civil right enforcement

WASHINGTON — A new round of layoffs at the Education Department is depleting an agency that was hit hard in the Trump administration’s previous mass firings, threatening new disruption to the nation’s students and schools in areas including special education, civil rights enforcement and after-school programs.

The Trump administration started laying off 466 Education Department staffers on Friday amid mass firings across the government meant to pressure Democratic lawmakers over the federal shutdown. The layoffs would cut the agency’s workforce by nearly a fifth and leave it reduced by more than half its size when President Trump took office Jan. 20.

The cuts play into Trump’s broader plan to shut down the Education Department and parcel its operations to other agencies. Over the summer, the department started handing off its adult education and workforce programs to the Department of Labor, and it previously said it was negotiating an agreement to pass its $1.6-trillion student loan portfolio to the Treasury Department.

Department officials have not released details on the layoffs and did not immediately respond to a request for comment. AFGE Local 252, a union that represents more than 2,700 department workers, said information from employees indicates cuts will decimate several offices within the agency.

All workers except a small number of top officials are being fired at the office that implements the Individuals with Disabilities Education Act, a federal law that ensures millions of students with disabilities get support from their schools, the union said. Unknown numbers are being fired at the Office for Civil Rights, which investigates complaints of discrimination at the nation’s schools and universities.

The layoffs would eliminate or heavily deplete teams that oversee the flow of grant funding to schools across the nation, the union said. They affect the office that oversees Title I funding for the country’s low-income schools, along with the team that manages 21st Century Community Learning Centers, the primary federal funding source for after-school and summer learning programs.

It will also hit an office that oversees TRIO, a set of programs that help low-income students pursue college, and another that oversees federal funding for historically Black colleges and universities.

In a statement, union President Rachel Gittleman said the new reductions, on top of previous layoffs, will “double down on the harm to K-12 students, students with disabilities, first generation college students, low-income students, teachers and local education boards.”

The Education Department had about 4,100 employees when Trump took office. After the new layoffs, it would be down to fewer than 2,000. Earlier layoffs in March had roughly halved the department, but some employees were hired back after officials decided they had cut too deep.

The new layoffs drew condemnation from various education organizations.

Although states design their own competitions to distribute federal funding for 21st Century Community Learning Centers, the small team of federal officials provided guidance and support “that is absolutely essential,” said Jodi Grant, executive director of the Afterschool Alliance.

“Firing that team is shocking, devastating, utterly without any basis, and it threatens to cause lasting harm,” Grant said in a statement.

The government’s latest layoffs are being challenged in court by the American Federation of Government Employees and other national labor unions. Their suit, filed in San Francisco, said the government’s budgeting and personnel offices overstepped their authority by ordering agencies to carry out layoffs in response to the shutdown.

In a court filing, the Trump administration said the executive branch has wide discretion to reduce the federal workforce. It said the unions could not prove they were harmed by the layoffs because employees would not actually be separated for an additional 30 to 60 days after receiving notice.

Binkley writes for the Associated Press.

Signaling a major shift in civil rights enforcement, the federal agency that enforces workplace anti-discrimination laws has moved to dismiss six of its own cases on behalf of workers alleging gender identity discrimination, arguing that the cases now conflict with President Trump’s recent executive order, court documents say.

The requests by the U.S. Equal Employment Opportunity Commission mark a major departure from its prior interpretation of civil rights law, and a stark contrast to a decade ago when the agency issued a landmark finding that a transgender civilian employee of the U.S. Army had been discriminated against because her employer refused to use her preferred pronouns or allow her to use bathrooms based on her gender identity.

Just last year, the EEOC updated its guidance to specify that deliberately using the wrong pronouns for an employee, or refusing them access to bathrooms corresponding with their gender identity, constituted a form of harassment. That followed a 2020 Supreme Court ruling that gay, lesbian and transgender people are protected from employment discrimination.

Nearly all workplace discrimination charges must pass through the EEOC — at least initially — and the agency’s decision to drop at least six of the cases raises serious questions about whether its protections will continue to extend to transgender and gender nonconforming people going forward.

The EEOC is seeking to dismiss three cases in Illinois as well as one in Alabama, New York and California. In each instance, the original complaints allege discrimination against transgender or gender nonconforming workers. The agency cites Trump’s Jan. 20 executive order declaring that the government would recognize only two “immutable” sexes — male and female — as the reason for why it no longer intends to pursue the cases.

The Alabama case charged that Harmony Hospitality LLC discriminated against an employee who identifies as a gay nonbinary male by firing him hours after co-owners learned of his gender identity. The New York lawsuit alleged that Boxwood Hotels LLC fired a transgender housekeeper who complained that a supervisor repeatedly misgendered them and made anti-transgender statements, referring to the housekeeper as a “transformer” and “it.”

Another suit alleged that Wendy’s franchisee Starboard Group Inc. subjected three transgender employees to pervasive sexual harassment at a Wendy’s restaurant in Carbondale, Ill., claiming a supervisor demanded to know if one employee had a penis.

In another Illinois case, a transgender Reggio’s Pizza cashier at Chicago O’Hare International Airport was “outed” by her manager, called a racist, homophobic slur by co-workers, and fired when she complained. In southern Illinois, at a hog farm called Sis-Bro Inc., a co-worker allegedly exposed his genitals to a transgender employee and touched her breasts.

And in Santa Clara, the EEOC charged that a Lush Handmade Cosmetics store manager sexually harassed three gender nonconforming employees with “offensive physical and verbal sexual conduct.”

Former EEOC general counsel and professor and Co-Dean Emeritus at Rutgers Law School David Lopez, who served in the agency for more than 20 years, on Friday said in his experience, the EEOC has never dismissed cases based on substance rather than merit — until now.

For the country’s anti-discrimination agency “to discriminate against a group, and say, ‘We’re not going to enforce the law on their behalf’ itself is discrimination, in my view,” Lopez said. “It’s like a complete abdication of responsibility.”

The EEOC’s requests to dismiss the cases come just weeks after Trump dismissed two Democratic commissioners of the five-member EEOC before their terms expired, an unprecedented decision that removed what would have been a major obstacle to his administration efforts to upend interpretation of the nation’s civil rights laws.

Had the commissioners been allowed to carry out their terms, the EEOC would have had a Democratic majority well into Trump’s term. The administration also fired Karla Gilbride as the EEOC’s general counsel, replacing her with Andrew Rogers as acting counsel.

Shortly after their dismissals, acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.”

Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.”

“Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes.

The EEOC in fiscal year 2023 received more than 3,000 charges alleging discrimination based on sexual orientation or gender identity, “the most since the agency started tracking these charges in FY 2013, and up more than 36% from the previous year,” according to the agency’s website, which also provides a link for more information on discrimination based on sexual orientation or gender identity. But the information appears to have been removed and the link now leads to a blank page with the message: “The requested page could not be found.”

Jocelyn Samuels, one of the Democratic EEOC commissioners who was fired last month, said via email that Trump’s executive order and the EEOC’s response to it “is truly regrettable.”

“The Administration’s efforts to erase trans people are deeply harmful to a vulnerable community and inconsistent with governing law,” she said.

Sarah Warbelow, vice president of legal at LGBTQ+ rights group Human Rights Campaign, added in an emailed statement: “This is the inevitable outcome when the EEOC is weaponized to greenlight discrimination against American workers.

“Instead of standing up for the rights of everyone to a workplace free from discrimination, including harassment and bias, the Trump administration is making it abundantly clear they will not protect working people.”

Savage and Olson write for the Associated Press.