Education ‘temporarily’ brings back Civil Rights Office staff awaiting court decision

The Education Department informed numerous Office of Civil Rights employees Friday that they are expected to return to work later this month while they await a court ruling on reduction-in-force orders that sidelined them nearly eight months ago. 

Multiple workers in Education’s OCR told FedScoop they received notices from the agency late Friday afternoon. Those notices stated that they are expected to return in person to their assigned-duty location on either Dec. 15 or 29.  

The notice, according to four copies obtained by FedScoop, said the following: “While RIF notices are tolled during litigation, it is important to refocus OCR’s work and utilize all OCR staff to prioritize OCR’s existing complaint caseload.” 

“In order for OCR to pursue its mission with all available resources, all those individuals currently being compensated by the Department need to meet their employee performance expectations and contribute to the enforcement of existing civil rights complaints,” the notice stated. 

The agency told workers this will boost enforcement activities in a way that “serves and benefits parents, students, and families.” Workers have until Monday to inform the agency if they do not plan on returning to their positions. 

Julie Hartman, the agency’s secretary for legal affairs, confirmed that Education will “temporarily bring back” OCR staff from administrative leave. 

“The Department will continue to appeal the persistent and unceasing litigation disputes concerning the Reductions in Force, but in the meantime, it will utilize all employees currently being compensated by American taxpayers,” she wrote in a statement to FedScoop. 

It was not immediately clear how many OCR employees received the notices, but court filings as of Wednesday indicated 247 OCR workers were on administrative leave pending a judge’s ruling. This group of workers was RIF’d last March and April, but received renewed RIF notices Oct. 13, with a separation date in November. 

The continuing resolution signed last month to reopen the government included language undoing reduction-in-force actions that occurred during the shutdown and pausing additional RIF actions until Jan. 30. 

Federal worker unions and advocacy groups argued in court that the OCR workers’ RIFs should be halted under this provision, as they were notified during the shutdown. 

The Education Department told courts last month it rescinded the 136 RIF notices first issued in October in the wake of the shutdown deal, but did not rescind the 247 others, arguing they did not fall under the CR’s scope. 

The agency reiterated this position in its Friday notice to workers, writing the agency “remains committed to defending the RIF as the government-wide effort to reorganize and right-size the federal workforce continues.” 

At that time, the agency said it paused the March OCR RIFs “pending clarification” on whether the judge’s October injunction on RIFs applies to this group. Education notably did not mention the CR as a reason for the pause. 

Despite the Nov. 21 court filing — issued nine days after the CR was signed into law — several of the OCR workers had no communications from the agency until Friday. Multiple workers told FedScoop they have still been paid, but spent the past three weeks unsure of their job status as others were called back. 

Three of the four notices obtained by FedScoop listed a Dec. 15 return date with administrative leave ending Dec. 12, while one said Dec. 29 and administrative leave ending Dec. 26. When asked about the date discrepancy, the agency said staff will resume work Dec. 15. 

The notices come just two days after two unions representing federal workers asked the federal judge in the larger case on shutdown RIFs to block the State Department’s terminations of foreign service officers, who similarly were laid off before the shutdown but were expected to separate during it. 

A day later, U.S. District Judge Susan Illston granted their request, finding the unions were likely to succeed on the merits of their claims. The order enjoined State, as well as the Office of Personnel Management and the Office of Management and Budget, from carrying out RIFs at the foreign relations agency.