OCR staff members were informed late Friday that they must report in person to their assigned duty stations on either Dec. 15 or Dec. 29. The directive affects employees who have been on paid administrative leave since receiving RIF notices last spring.
"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," the department stated in the notices sent to workers.
The agency emphasized that all employees currently receiving compensation must "meet their employee performance expectations and contribute to the enforcement of existing civil rights complaints." Workers were given until Monday to notify the department if they do not plan to return.
Court filings indicate approximately 247 OCR workers were on administrative leave as of last Wednesday, awaiting a judge's ruling on their employment status. These employees initially received RIF notices in March and April but were issued renewed notices on Oct. 13 with November separation dates.
The situation became more complex following a continuing resolution signed last month to reopen the government. That legislation included provisions reversing RIF actions that occurred during the shutdown and pausing additional workforce reductions until Jan. 30.
Federal worker unions and advocacy groups have argued in court that the OCR employees' RIFs should be halted under this provision since they were notified during the government shutdown. The Education Department has maintained a different interpretation, telling courts it rescinded 136 RIF notices issued in October following the shutdown deal but not the remaining 247, arguing those cases fall outside the continuing resolution's scope.
The Education Department's action comes amid broader federal workforce restructuring efforts. The recall order arrived two days after a federal judge granted an injunction blocking the State Department from terminating foreign service officers in similar circumstances. U.S. District Judge Susan Illston found that unions were likely to succeed in their legal claims regarding those RIFs.
The Office for Civil Rights plays a central role in enforcing federal civil rights laws in education, investigating discrimination complaints involving race, color, national origin, sex, disability and age at schools and colleges receiving federal funding.
