While most of Washington was focused on the possibility of a government shutdown and on other political skirmishes this month, the Trump administration took a little-noticed step that could lead to seismic changes in how the Civil Rights Act is interpreted in employment law.
On March 13, Edward R. Martin Jr., the U.S. attorney for the District of Columbia, announced that his office had filed a motion to vacate the 1981 Luevano consent decree. This decree arose from a 1979 class action lawsuit filed against the Office of Personnel and Management (OPM). At the center of the dispute was the use of the Professional and Administrative Career Examination (PACE), a standardized test designed to predict job performance.
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