US Department of Labor directs staff to report DEI activities under new whistleblower mandate
Staff at the US Department of Labor have received instructions to file complaints regarding diversity, equity, and inclusion (DEI) practices, a move that employees say fosters a culture of fear and enables punishment for conduct predating the current administration.
Employees at the US Department of Labor received an email last Friday instructing them to file whistleblower complaints regarding perceived discrimination related to diversity, equity, and inclusion (DEI) initiatives. The directive, titled “Reporting DEI-Related Discrimination, Retaliation, and Related Whistleblower Disclosures,” was sent from a general guidance account without a specific signatory from department leadership. It urges staff to alert the government to any employment actions motivated by protected characteristics or preferences justified by diversity goals.
The notice defines such discrimination broadly, including restrictions on networking events for specific racial or ethnic groups, awards based on contributions to diversity metrics rather than performance, and any disparate treatment justified by equity considerations. It also provides specific instructions for filing reports with the Office of Special Counsel, the federal body responsible for overseeing whistleblower protections.
A significant element of the directive is the reminder of a three-year statute of limitations for reporting. This timeframe theoretically allows employees to report conduct that occurred prior to Donald Trump’s second inauguration in January 2025. The email does not specify whether this is a new policy or a reiteration of existing regulations, leading to confusion among staff who had previously complied with earlier executive orders ending DEI initiatives.
Two anonymous Department of Labor employees described the email as creating a “culture of fear” and enabling retrospective punishment. One staff member characterised the directive as a “reminder to narc on your coworkers,” while another warned it was “pure witch-hunt territory.” They noted that many employees had DEI activities included in their performance standards under the previous administration, which could now be construed as punishable offences.
The directive arrives amid broader structural changes within the department. Earlier this month, Kenneth Wolfe, head of the agency’s faith office, was installed to lead the Office of Federal Contract Compliance Programs (OFCCP). Wolfe, who previously organised monthly worship services that made some employees uncomfortable, now oversees the office tasked with ensuring federal contractors abide by anti-discrimination laws. According to the 2027 Department of Labor budget, the OFCCP is scheduled to be phased out and absorbed into a new Office of Civil Rights.
The Department of Labor did not immediately respond to requests for comment regarding the email. The directive follows a pattern established earlier in Trump’s second term, when the president signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” ordering federal agencies to dismantle all DEI initiatives. Subsequent communications had already threatened adverse consequences for employees who failed to report colleagues involved in such activities.
