The Trump administration has quietly ended a federal diversity, equity and inclusion (DEI) hiring policy that dates back to a 1981 directive from President Jimmy Carter.
This directive was introduced following the 1979 Supreme Court decision in Luevano v. Ezell, which found the government’s civil service exam to be unlawfully discriminatory.
The court ruled that black and Hispanic applicants consistently passed the test at lower rates than white candidates, prompting reforms to ensure fairer hiring procedures within federal agencies, according to a press release from the Department of Justice (DOJ).
In response, Carter ordered federal agencies to develop a new civil service test designed to produce equal hiring outcomes across racial and ethnic groups.
This policy, known as the Carter decree, aimed to eliminate systemic bias by requiring assessments that did not disproportionately exclude minority candidates.
Over nearly four decades, the Office of Personnel Management (OPM) attempted six times to create such an exam but failed each time.
Consequently, federal agencies often hired employees without administering a comparable standardized assessment, according to The Blaze.
The expiration of the Carter decree under the Trump administration effectively removes the federal requirement to consider disparate impacts on minority applicants during hiring, except when challenged in court.
Research psychologist Russell T. Warne warned this could lead to “seismic changes in how the Civil Rights Act is interpreted in employment law,” potentially reshaping legal standards for workplace equality.
Assistant Attorney General Harmeet K. Dhillon praised the decision.
In a DOJ statement, she said, “For over four decades, this decree has hampered the federal government from hiring the top talent of our nation. Today, the Justice Department removed that barrier and reopened federal employment opportunities based on merit — not race.”
This policy change followed a federal complaint filed in May by the America First Legal Foundation (AFL), which advocates ending what it describes as restrictive hiring rules.
Dan Epstein, AFL’s vice president, told Fox News, “Being able to recruit the best and brightest to work in Washington returns dividends for the country by doing more with less. That is what all Americans deserve from their government.”
U.S. Attorney Jeanine Pirro of the District of Columbia echoed the call for merit-based hiring standards.
“It’s simple,” she said. “Competence and merit are the standards by which we should all be judged; nothing more and nothing less.”
“It’s about time people are judged not by their identity but instead ‘by the content of their character.’”
The dismantling of Carter’s hiring rule marks a significant shift from federal efforts that sought to address racial disparities in employment by enforcing equitable testing outcomes.
Critics argued the decree prioritized race over qualifications, while supporters maintained it was a necessary tool to combat systemic discrimination.
The recent change represents a shift toward emphasizing merit-based criteria in federal hiring, though potential legal challenges may influence its implementation.
This development is part of an ongoing national discussion regarding affirmative action and equal opportunity.
Some view the change as a step toward fairness, while others express concern about its possible impact on diversity within federal agencies.
The response of courts and agencies to these differing perspectives remains uncertain.
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Author: Gloriel Howard
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