Legal Group Aligned with Trump Challenges Federal Employment Practices

A legal organization associated with Donald Trump is taking action against a longstanding federal ruling that has impacted merit-based hiring. The American First Legal Foundation (AFL) has filed a federal complaint in Washington, D.C., to challenge what they deem outdated policies promoting diversity in federal employment, which they argue hinder the selection of more qualified candidates.

According to AFL senior adviser Nick Barry, this ruling has been in place for 44 years and is preventing the U.S. from fully capitalizing on top talent. “We need to refocus on merit,” Barry stated, adding that factors like race shouldn’t play a role in hiring processes.

The lawsuit seeks to overturn a 1981 consent agreement established under President Jimmy Carter, which a group of Black and Hispanic plaintiffs had sought. Critics, including the AFL and law firm Boyden Gray PLLC, argue that the measures in place are outdated and contribute to an unfair employment system based on race.

“It’s essential that we return to merit-based evaluations,” Barry asserted. The AFL’s actions build upon previous attempts by the Human Resources Administration to discontinue this system, which they claim conflicts with Supreme Court standards.

AFL vice president Dan Epstein emphasized the positive impact of merit-based hiring on efficiency, stating that employing the most capable individuals can lead to significant national benefits. However, the initiative may face resistance, as attempts to dismantle or revise the current practices may not be straightforward.

In the legal battles to come, the case is likely to spark renewed discussions around race-conscious hiring in America.

Although the AFL is not officially part of the Trump administration, it was created by former Trump advisers, including Stephen Miller, who has been a prominent figure advocating for stricter immigration measures and the end of certain diversity programs. Miller briefly left the AFL before rejoining the White House in 2025.

The AFL’s efforts come at a time when various federal agencies are grappling with significant personnel losses and the consequences of funding cuts. They claim to support the Office of Personnel Management’s (OPM) efforts to establish a fair and widely accepted merit-based civil service exam.

“Public services are a public trust,” Epstein remarked, underscoring a long-standing desire across political parties to eliminate excessive bureaucracy in government systems. Neither the OPM nor the White House has commented on the latest court filing or on their positions regarding current hiring practices.