Alleged DEI “Purges” and What Fell v. Trump Means for Federal Employees
civil service protections dei federal employment mspb appeals rif rights Dec 04, 2025A new class action, Fell v. Trump, alleges something no federal employee should take lightly: that the administration directed agencies to identify, isolate, and remove anyone linked to diversity, equity, and inclusion work — even employees who had moved on to entirely different roles. According to the complaint, the orders were explicit: compile lists of everyone “engaged in DEI work as of November 5, 2024,” place them on immediate leave, and prepare them for a RIF.
If true, that is not a policy disagreement. It is a challenge to the foundation of merit-based federal employment.
The immediate takeaway for federal employees: if a personnel action appears tied to the type of work you performed — rather than performance or legitimate mission needs — that may trigger protections under civil service law, whistleblower statutes, and the Constitution.
How the Alleged Strategy Worked
One of the most striking allegations is that agencies were told to reverse completed reassignments to pull employees back into their former DEI-designated roles, only to RIF them from those slots. That matters legally. RIF authority is not a blank check: agencies can abolish positions, but they cannot manipulate position histories to target people.
The complaint also cites reporting that DOGE — the Department of Government Efficiency — ran a three-phase operation aimed at eliminating DEI personnel and “corrupted branches” within civil rights and EEO offices. By “Phase 2,” the documents referenced in the suit reportedly contemplated cutting 583 employees.
For GS-9 and above readers, here’s the key takeaway: if an agency narrows its competitive areas so tightly that bump-and-retreat rights effectively disappear, that can violate 5 C.F.R. part 351. Courts and the MSPB scrutinize competitive-area manipulation closely because it can be used to mask targeting.
Why This Case Feels Different
Federal employees know the difference between restructuring and retaliation. What the Fell complaint alleges is the latter — not the elimination of functions, but the removal of people based on perceived ideology or past program assignments.
One plaintiff, a twenty-year DHS attorney who served administrations of both parties, allegedly received a “cookie-cutter” memo generated from an OPM template immediately after her supervisor was told to hand over names of anyone with past DEI involvement. Whether the government ultimately defends or denies those facts, the emotional reality for employees is the same: uncertainty, fear of being mislabeled, and confusion about rights.
A mindful lens helps here. When the legal landscape feels shaky, grounding yourself in the specific, observable facts of your situation — what you were told, when, and by whom — can reduce spiraling worry and strengthen any future legal claim.
What Federal Workers Can Do Right Now
Document every communication tied to reassignment, leave placement, or RIF risk. Preserve copies of organizational charts, competitive area notices, and any written explanation you receive. If your career has intersected with DEI work, understand that targeted action based on that history may raise constitutional concerns, including viewpoint discrimination and retaliation for engaging in civil rights activities.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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