The US Department of Education can now move forward with firing nearly half of its civil rights enforcement staff, after a federal appeals court overturned the last remaining order blocking the layoffs. A three-judge panel of the 1st Circuit Court of Appeals in Boston ruled Monday that the department may shed more than 260 employees from its Office for Civil Rights (OCR). The decision followed a July Supreme Court order in New York v. McMahon that had already allowed broader Education Department cuts to proceed. Previously, US District Court Judge Myong Joun had blocked the layoffs in two cases — McMahon and Victim Rights Law Center v. U.S. Department of Education — citing “unique harms” to students if OCR staff reductions went ahead. His ruling forced the department to temporarily bring back 85 employees in September, with plans to reinstate all 264 by November but the appeals court sided with the Trump administration, finding no significant differences between OCR-specific layoffs and the broader cuts already greenlit by the Supreme Court. Two judges, Lara Montecalvo and Julie Rikelman, wrote that the distinctions were “insufficiently material” to justify a different outcome. A third judge, Seth Aframe, concurred separately. Public Justice, which represents plaintiffs in the Victim Rights Law Center case, criticised the ruling. Senior Attorney Sean Ouellette said the decision “removes an important check” on the government’s plan to “gut the Office of Civil Rights” but noted the court acknowledged OCR’s congressional mandate to enforce civil rights laws and ensure access to education. Advocates stressed that without OCR staff, students facing discrimination, including sexual assault survivors and children with pending civil rights complaints, will be left without support. A spokesperson for the Victim Rights Law Center called the layoffs an “ill-conceived political move,” adding, “OCR exists to safeguard students’ educational access. Without adequate staffing, that is impossible.” The Education Department has not yet announced its next steps. It is unclear what will happen to the employees who had already returned to work or were slated to do so this month. Before the cuts, OCR employed about 560 staff across 12 regional offices, handling a rising caseload of over 19,000 complaints in 2023, which was double the number from 2021. Seven regional offices have already been closed. Critics warn the downsizing will undermine OCR’s ability to address its workload while also pursuing the Trump administration’s policy priorities, including restrictions on transgender student rights and diversity, equity and inclusion initiatives.
