DOJ Ends 44-Year-Old Race-Based Hiring Decree

The Department of Justice (DOJ) announced on Aug. 4 that it has ended a decree initiated more than 44 years ago, which imposed across the federal government hiring practices related to diversity, equity, and inclusion (DEI) theories.

In a court filing on Aug. 1, the DOJ’s Civil Rights Division stated that it will eliminate a 1981 decree issued under the Luevano v. Ezell case, which was brought by minority job applicants who alleged discrimination in 1979.

The DOJ said on Aug. 4 that the decree had “limited the hiring practices of the federal government based on flawed and outdated theories of diversity, equity, and inclusion,” and that it also “imposed draconian test review and implementation procedures” on the Office of Personnel Management (OPM).

The decision from the DOJ comes days after the department put out new guidelines for entities or individuals receiving federal funding, saying they cannot be involved in DEI programs.

In a statement on July 31, the DOJ said recipients may not engage in “unlawful discrimination” by violating federal antidiscrimination laws and regulations that “apply to programs or initiatives that involve discriminatory practices, including those labeled” as DEI programs.

“Entities that receive federal funds, like all other entities subject to federal antidiscrimination laws, must ensure that their programs and activities comply with federal law and do not discriminate on the basis of race, color, national origin, sex, religion, or other protected characteristics—no matter the program’s labels, objectives, or intentions,” the DOJ statement reads.