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Justice Department Ends 44-Year Consent Decree on Federal Hiring Exams

The decision opens the way for agencies to resume merit-based testing without court approval, potentially reshaping how the Civil Rights Act governs employment.

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Overview

  • The Justice Department’s Civil Rights Division formally terminated the consent decree from Luevano v. Ezell, ending court oversight of federal hiring exams.
  • Enacted in 1981 under President Carter to address racial disparities in civil service testing, the decree had required agency exams to undergo court review.
  • Assistant Attorney General Harmeet K. Dhillon hailed the decision as a restoration of merit-based hiring, saying it removes barriers to evaluating candidates solely on competence.
  • A complaint by the America First Legal Foundation in May, followed by a department filing, set the stage for the decree’s termination.
  • Research psychologist Russell T. Warne warned the decree’s removal could trigger significant reinterpretations of employment provisions under the Civil Rights Act.