Two Federal Actions Address Disability and Accessibility More on federal DEIA programs and Department of Education processing of complaints

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This is an article about two actions taken by the US government. Both are about disabled people. One is also about accessibility. The Department of Education (DOE) said it would look at complaints about disability discrimination. The DOE still says it will not look at claims that people were treated unfairly because of their race or gender. Another federal office said that agencies should not stop some accessibility or disability programs. This was a change to the attack on diversity, equity, and inclusion. Lainey is glad some people may not lose their jobs and accessibility is recognized. But she explains in this article why she cannot celebrate these two things.

I recently came across two documents from the trump administration that indicate that the administration may consider disability issues differently than race, gender, and gender identity issues. As explained below, I share these here with some trepidation.

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February 5, 2025 memo from the US Office of Personnel Management

The US Office of Personnel Management (OPM) is akin to the HR office for the entire federal government. It has been carrying out the illegal actions of trump and musk with apparent relish since January 21, the day after trump took office.

On that date, it issued Initial Guidance Regarding DEIA Executive Orders. Sent to “Heads and Acting Heads of Departments and Agencies” in the federal government, it was a detailed plan about how to close “DEIA offices” and prepare for massive layoff.

15 days later it issued another memo to the same agencies. This one was titled “Further Guidance Regarding Ending DEIA Offices, Programs and Initiatives.

The memo addresses 4 things, including Equal Employment Opportunities Offices, Employee Resource Groups, and Special Emphasis Programs. It tweaks the January 21st memo while continuing to twist the proud and long fought for language of civil rights, diversity, equity, and inclusion.

The fourth topic in the February 5th memo is Accessibility and Reasonable Accommodation. In full it states:

The Biden-Harris Administration conflated longstanding, legally-required obligations related to disability accessibility and accommodation with DEI initiatives. President Trump’s executive orders require the elimination of discriminatory practices. Agencies should thus rescind policies and practices that are contrary to the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. But agencies should not terminate or prohibit accessibility or disability-related accommodations, assistance, or other programs that are required by those or related laws. In executing reduction-in-force actions regarding employees in DEIA offices, agencies should therefore retain the minimum number of employees necessary to ensure agency compliance with applicable disability and accessibility laws, including those requiring the collection, maintenance, and reporting of disability information. February 5, 2025 OPM memo page 2

Department of Education lifts freeze on pursuing disability discrimination complaints

On February 13, 2025 ProPublica reported that the US Department of Education had halted all civil rights investigations filed with the department – investigations that have been a core part of the Department’s mandate for decades. See We’ve Been Essentially Muzzled”: Department of Education Halts Thousands of Civil Rights Investigations Under Trump

Then, one week later, the publication reported that while race and gender claims would not be considered, complaints of disability discrimination would continue to be investigated. See: Education Department “Lifting the Pause” on Some Civil Rights Probes, but Not for Race or Gender Cases. According to the ProPublica article, the internal memo from Craig Trainor, the office’s acting director, stated:

I am lifting the pause on the processing of complaints alleging discrimination on the basis of disability. Effective immediately, please process complaints that allege only disability-based discrimination.

Why I’m not excited to share these two documents

I thought it was important for readers of LFLegal to know of these two legal developments in the disability/accessibility legal space. But I don’t see them as cause for celebration for the following reasons:

  • Disability is a characteristic that is shared by people of all identities. Disabled people are Black, brown, Asian, LGBTQ+, Trans, of every age and religion. Discrimination claims filed with the Department of Education can allege more than one form of discrimination.

    A student of color with a disability may experience discrimination in a school district. How will the DOE process the disability claim and not the racial discrimination claim? A disabled woman might be sexually harassed on her college campus. Will the department consider disability and not gender?

  • Even as to pure disability discrimination claims, can we trust the Department of Education, whose leadership supports Project 2025’s call to abolish the agency, with fair and thorough treatment of complaints? See Project 2025 and the Threat to Disabled People: Disability Rights, Digital Accessibility, and Much More at Stake if Trump is elected, an article on this website (search Department of Education)
  • In a time of crisis as we are experiencing in the United States, dividing and conquering is a tactic of the oppressor; collaboration and solidarity is a strategy of resistance. I don’t want to ignore that some individuals may benefit from a DOE investigation. Certainly the OPM recognizing that accommodations are legal and accessibility programs should not be shuttered is a good thing in light of the sweeping attacks on DEIA. I’m glad for the people and their families who will avoid the mass firings because they are necessary for accessibility work.

    But I can’t celebrate the fact that this administration has simply recognized (at least for now) what has long been the law when they are decimating other long-standing civil rights.

  • The OPM memo teasing out accessibility from DEIA does not even mention the Americans with Disabilities Act, which has been foundational to digital accessibility law for decades. Why not?
  • The OPM memo directs agencies to retain the minimum number of employees necessary to ensure agency compliance with applicable disability and accessibility laws.” I can almost bet that minimum is not enough.

I guess the bottom line reason I cannot celebrate these documents is that I don’t trust the administration. I don’t trust them not to change their minds. I don’t trust them not to use these seemingly pro-disability and accessibility actions for reasons that do not serve disability inclusion.

Remember, the president blamed disabled people for the horrific and tragic airplane crash one week into his second term. And surrogate president musk used the “R” word on his social media platform this week.

These are not people who care about disabled people. This is not an administration we can count on.

Fr other articles on this website related to the second trump administration, vist the trump actions topic on the Topics page.