This blog is written by Ulman Public Policy, TCIA’s Washington, D.C.-based advocacy and lobbying partner.
On January 22, President Trump signed an Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, titled “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs (OFCCP) to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”
Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”
The EO also includes orders to encourage the private sector to cease DEI programs and initiatives. Specifically, the EO directs the Attorney General, in consultation with other relevant agencies, to promulgate a report with recommendations to enforce civil-rights laws and encourage the private sector to end DEI practices. The report is required to identify “the most egregious and discriminatory DEI practitioners in each sector of concern.” It also requires each agency to identify up to nine potential civil compliance investigations as a way to deter DEI programs or principles.
We will share further developments on this EO as they are released.
