New Presidential Order On Ending Affirmative Action Programs and Challenging Business’s D.E.I. and D.E.I.A. Programs
Attention Employers: Major Changes in Federal Civil Rights Enforcement Are Here, Join Our Webinar
On January 21, 2025, a new presidential order titled “Ending Illegal Discrimination and Restoring Merit Based Opportunity” was issued, marking a groundbreaking shift in federal civil rights enforcement. This order claims that it “aims to eliminate illegal discrimination and restore merit-based opportunities across all sectors, not just for federal contractors.” Practically speaking, it targets for potential legal attack the private sector employment practices that the government has mandated for decades, requiring employers to act quickly to avoid costly litigation.
Most significantly, it directs the Department of Labor’s Office of Federal Contract Compliance (OFCCP) to immediately cease holding federal contractors and subcontractors responsible for taking affirmative action to address underutilization of females and minorities in their workforce. It requires key agencies to amend every contract or grant awarded to business to require business counterparties/recipients to certify that they do not operate any program promoting DEI that violates anti-discrimination laws. And it directs the Attorney General within 120 days to recommend civil rights law enforcement actions to “end illegal discrimination and preferences, including DEI.” The order also directs each agency to identify up to 9 potential civil compliance investigations of corporations, associations, foundations and institutions of higher education, and for the attorney general to recommend other litigation against private sector businesses that would be potentially appropriate for federal lawsuits.
Key Developments:
- Termination of DEI and DEIA Policies: The order mandates the termination of all “discriminatory and illegal” preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements related to Diversity, Equity, and Inclusion (DEI) and Diversity, Equity, Inclusion, and Accessibility (DEIA). This applies to both federal and private sectors.
- Revocation of Previous Executive Orders: Several previous executive orders promoting diversity and inclusion in the federal workforce have been revoked. This includes Executive Orders 11246, 12898, 13583, 13672, and the Presidential Memorandum of October 5, 2016.
- Streamlining Federal Contracting: The federal contracting process will no longer require employers to submit adverse impact analyses and commit to affirmative action programs. Federal contractors and subcontractors are now prohibited from “engaging in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
- Encouraging Private Sector Compliance: The order also directs federal agencies to take appropriate actions to encourage the private sector to end what the White House calls “illegal” DEI discrimination and preferences. This includes identifying key sectors of concern, the most egregious DEI practitioners, and potential civil compliance investigations.
Three Key Takeaways for Employers:
- Immediate Compliance Required: Federal contractors have 90 days to comply with mandates to end any affirmative action programs previously put in place under the now revoked EO 11246. All employers, not just federal contractors, must also immediately review any DEI or DEIA policies that may be vulnerable to challenge by the new administration.
- Revoked Executive Orders: Be aware of the revocation of previous executive orders promoting diversity and inclusion. Ensure that your company’s policies are updated accordingly.
- Prepare for Increased Scrutiny: Expect increased scrutiny and potential investigations into DEI practices. It is crucial to ensure that your company’s policies and practices comply with the new order.
What Can You DO NOW? Join Our Webinar:
To help employers navigate these changes, Savine Employment Law, Ltd. will host a special “Flash” “Do it Now!” Webinar on Friday, January 24 at 4pm CST. This webinar will explain what employers should do now and provide an opportunity to answer any questions you may have.
Stay informed and ensure your company is compliant with the latest federal civil rights enforcement policies. Register for the webinar today! Click this LINK!