The Feds 88. Fed Employees Not Hired Based on Merit?! | Nick Berry | The Feds
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May 27, 2025 
Nick Berry, Senior Counsel with America First Legal, shares insights into his organization's legal challenges against outdated policies like the Luevano consent decree, which hampered merit-based hiring in federal jobs. He discusses how diversity mandates affect job evaluation standards and the broader implications for federal integrity. The conversation also touches on the decline in public education, advocating for parental choice and critiquing current curricula. Additionally, Berry emphasizes the importance of local civic engagement in combatting corruption and driving political change.
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Merit-based Hiring Ended in 1981
- The federal government has not used merit-based hiring through civil service exams since 1981 due to a consent decree.
- Since 2021, federal hiring policies explicitly use race, sex, and ethnicity for employment decisions, violating merit principles.
Consent Decree Blocks Merit Exams
- A consent decree arose from a lawsuit claiming the civil service exam caused racial disparities.
- The government agreed to the decree without admitting wrongdoing, halting merit-based exams but prolonging litigation.
Hiring Now Resume-Based
- Without civil service exams, federal hiring relies solely on resumes and interviews.
- This subjective process risks hiring based on self-promotion rather than actual merit.