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Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges. 

Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges. 

Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges. 

Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges. 

Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges. 

Trump's Executive Order Ends Diversity and Affirmative Action Programs

In one of his latest actions, President Trump issued an Executive Order abolishing diversity, equity, and inclusion (DEI) initiatives and affirmative action programs for Federal government contractors and subcontractors and is encouraging private sector employers to follow suit. The Executive Order, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity" classifies such programs as “illegal.”

Since 1965, Federal government contractors and subcontractors have been governed by Executive Order 11246, which has been enforced by the Office of Federal Contractor Compliance Programs (OFCCP). Executive Order 11246 required Federal government contractors and subcontractors to develop affirmative action programs to promote employment of and recruit underrepresented groups, like women and minorities (two other groups that were later added were certain military veterans and individuals with disabilities). Those affirmative action requirements have been audited for compliance by the OFCCP. However, Executive Order 11246 has now been rescinded by President Trump, effective January 20, 2025. President Trump’s Order permits contractors to continue with status quo for 90 days after January 20th, but does not specify any penalty for complying with the now defunct Executive Order 11246 after that time.

Similarly, Executive Order 13672, which since 2014 prohibited discrimination by Federal contractors based on sexual orientation and gender identity, has been rescinded. However, Title VII of the Civil Rights Act of 1964, as interpreted by the U.S. Supreme Court, still protects workers from such discrimination.

Under President Trump’s Executive Order, OFCCP shall no longer make references to DEI or similar policies and must terminate all “diversity,” “equity,” “equitable decision-making,” “equitable deployment of financial and technical assistance,” “advancing equity,” and like mandates, requirements, programs, or activities, as appropriate. Contractors are now required to certify that they are not carrying out these initiatives. Private sector employees are “encouraged” to do the same.

DEI initiatives, which are not legally mandated, may be discontinued at any time. However, while employers may be eager to swiftly discontinue affirmative action programs, they should proceed cautiously and await further developments, as the executive order is likely to face legal challenges.