Washington, D.C. – Multiple employees of the U.S. Department of Education’s Office for Civil Rights (OCR) have been placed on administrative leave under circumstances that strongly suggest illegal retaliation, according to a demand letter sent today by attorney Subodh Chandra. The affected employees, many with exemplary service records—including a veteran who served during and after 9/11—were targeted after participating in workplace diversity, equity, and inclusion efforts initiated under the first Trump administration.

The demand letter, addressed to the Education Department's Acting General Counsel Thomas Wheeler and Deputy General Counsel Candice Jackson, with a copy to Acting White House Office of Personnel Management Director Charles Ezell, asserts that the Department’s actions violate Title VII of the Civil Rights Act of 1964, which prohibits retaliation against employees for opposing workplace discrimination. The letter notes that the targeted employees engaged in activities aimed at ensuring fair-hiring practices and fostering workplace equity—efforts that align with longstanding federal civil-rights protections.

“The Department’s decision to place these employees on administrative leave without explanation is not just unfair—it is illegal,” said attorney Subodh Chandra. “Federal law protects employees who advocate against discrimination. The Department must immediately reinstate these public servants and cease its unlawful retaliation.”

"We set aside for the moment the question of why anyone would oppose diversity, equity, inclusion, and accessibility, venerating instead uniformity, inequity, exclusion, and inaccessibility," Chandra said in the letter.

The letter calls on the Department to rescind the retaliatory administrative-leave orders by February 10, 2025, and ensure that no further retaliation occurs. It also warns of potential legal action if the Department fails to comply.

The demand letter was accompanied by a separate demand that the Education Department, Office of Personnel Management, so-called Department of Government Efficiency (DOGE), and White House preserve records related to the decisions to retaliate.

The letter demanding corrective action may be found here.

As reported in the New York Times on February 1:

Subodh Chandra, a civil rights lawyer who is representing one of the staff members placed on leave in the Education Department’s Office for Civil Rights, said his client was “utterly baffled” by the move. The staff member, a West Point graduate and an army veteran, was appointed to the employment, engagement and diversity and inclusion council formed under Mr. Trump’s previous administration by his political appointees, Kimberly Richey and Kenneth Marcus. A former prosecutor, he has received “perfect” ratings in the last three evaluations, Mr. Chandra said, in his role overseeing a two-state regional office.

The committee continued under President Joseph R. Biden Jr., but it has not met since December, Mr. Chandra said, and certainly not since Mr. Trump took office.

“My client served his country with distinction in the U.S. Army during and after 9/11,” Mr. Chandra said. “He happens to be a white male, although that shouldn’t make any difference, whether he or anyone else is a victim of a McCarthyist witch hunt. He should not be a victim of retaliation for opposing discrimination against anyone. And I hope the administration will stop misguided persecution of those serving our country faithfully. We are contemplating all of our legal remedies.”

The employees are represented by Subodh Chandra, Ethan Dawson, and Alex Lavelle.

Chandra Law is experienced obtaining justice for victims of employment discrimination and employment retaliation. We also secure constitutional rights.

And the firm helped pioneer work in holding individuals and companies accountable for civil liability for criminal acts, securing the two leading Supreme Court of Ohio decisions favorable to crime victims on the topic.

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