AFL challenges 44-year-old consent decree barring merit tests in government jobs
A legal battle is currently underway in Washington, D.C., as the America First Legal Foundation (AFL), a group closely aligned with former President Donald Trump, seeks to overturn a decades-old consent decree that prohibits the government from using merit-based hiring practices. The AFL, along with the firm Boyden Gray, PLLC, has filed a federal complaint challenging the Luevano consent decree, which was established in 1981 under President Jimmy Carter.
The Luevano consent decree effectively ended merit-based hiring practices within federal government agencies and mandated the use of alternative assessments in place of written tests. Critics of these alternative assessments argue that they promote an unfair system of race-based hiring and hinder the recruitment of top talent. AFL’s senior counsel, Nick Barry, emphasized the importance of returning to merit-based evaluations and eliminating any consideration of race or other immutable traits in the hiring process.
The Office of Personnel Management (OPM) had previously sought to abolish the Carter-era system, citing violations of Supreme Court precedent. AFL and Boyden Gray have now joined this effort, aiming to bring an end to what they view as an outdated and illegal hiring practice. AFL Vice President Dan Epstein highlighted the significance of recruiting the best and brightest individuals to work in Washington, emphasizing the benefits that this would bring to the country.
Founded by former Trump advisor Stephen Miller, AFL has taken a stance against race-conscious hiring practices and has been a vocal advocate for tougher immigration enforcement and the dismantling of diversity, equity, and inclusion programs. The organization’s involvement in the court battle is expected to reignite debates over hiring practices and could potentially lead to significant changes within the federal government.
Despite facing criticism and opposition, AFL remains committed to supporting OPM in its efforts to end what it deems as an ineffective and unfair hiring system. The organization believes that public service is a public trust and advocates for the creation of a merit-based civil service exam that is accessible to all Americans.
As the legal battle continues to unfold, the outcome could have far-reaching implications for federal hiring practices and the overall efficiency of government agencies. With AFL’s backing, the push to overturn the Luevano consent decree is gaining momentum and could potentially reshape the landscape of civil service recruitment in the years to come.
