U.S. Department of Education OCR Struggles with Backlog of Discrimination Cases

The U.S. Department of Education’s Office for Civil Rights' severe backlog of discrimination cases is exacerbated by significant staff shortages and a record number of complaints.
Published: December 9, 2025

WASHINGTON, D.C. — The U.S. Department of Education’s Office for Civil Rights (OCR) is grappling with a mounting backlog of school and college discrimination cases, prompting an unusual request from the Trump administration for hundreds of previously terminated employees to temporarily return to work.

This move highlights the critical shortage of resources within OCR, tasked with handling civil rights complaints in educational institutions across the nation.

OCR Receives Record Number of School Discrimination Complaints

In a December 5 email obtained by USA TODAY, the Education Department acknowledged in its “return to duty” letter the overwhelming caseload of civil rights complaints. OCR received 19,201 complaints in fiscal year 2023, marking a 2% increase from the previous year’s record high of 18,804. Over the past 15 years, the number of complaints has tripled, yet staffing has significantly decreased.

Related Article: Trump to Dismantle Education Department

The office, which Congress flat-funded in fiscal year 2024, faces severe staffing shortages. Since 2009, the average number of full-time staffers has dropped by about 70, further exacerbating the situation.

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The issue was compounded earlier this year when the Trump administration dismissed hundreds of employees from the Education Department. Of the approximately 450 OCR employees, only about 60 have not received layoff notices in the past year.

Laid Off Education Department Employees Asked to Return to Work

To address the backlog, the department has requested approximately 250 workers, who have been on administrative leave due to legal challenges surrounding their March firings, to return to work temporarily. Julie Hartman, the Education Department’s press secretary for legal affairs, confirmed that there are no plans to permanently rehire these workers.

Related Article: HHS Could Soon Be Responsible for Special Education Programs

The department has not disclosed the exact number of employees who will return, as some have already left during their administrative leave. The temporary return of these staffers is aimed at mitigating the growing backlog of complaints, which has increased from about 20,000 cases in January when Trump took office to over 25,000 currently, reports the Observer.

Shortage of Education Department’s OCR Staff Having Big Impact on Students and Families

OCR plays a crucial role in enforcing anti-discrimination laws, particularly for students with disabilities and those who have experienced sexual misconduct, or gender or racial discrimination. The agency ensures equal access to educational opportunities for families who lack the financial means to pursue costly legal actions against school districts or universities. Since the staff reductions, many families have been left in limbo, awaiting resolutions to their civil rights complaints.

Related Article: CDC Finds Nearly 9% of U.S. Children Diagnosed with a Developmental Disability

Additionally, colleges have reported significant issues with the federal financial aid system due to the staffing shortages.

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