By: Joanna Colosimo & Mitchell Chamberlin
Last night, President Trump revoked Executive Order 11246 with a new Order titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This new Order effectively ends affirmative action in employment while allowing federal contractors and subcontractors to continue to comply with the regulatory scheme in effect on January 20, 2025, for an additional 90 days. The new order focuses on non-discrimination in employment and illegal or unlawful DEI practices. The White House also issued an accompanying Fact Sheet, which outlines the administration’s priorities around streamlining the federal contracting process, increasing efficiency and barring the Office of Federal Contract Compliance Programs (OFCCP) from “pushing contractors to balance their workforce.”
During the next 120 days, the administration will study this issue and make recommendations for enforcing federal civil rights laws and prohibiting illegal DEI practices. In addition, this order requires federal agencies to identify up to nine employers to target for potential civil compliance investigations.
Additionally, within 120 days of the new presidential order, the Attorney General and the Secretary of Education will jointly issue guidance to all State and Local educational agencies that receive Federal funds, as well as all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program, regarding the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.
It is important to note that Section 503 and VEVRAA requirements are legislative and remain in effect. In addition, employers must still comply and file EEO-1, VETS-4212, and state reporting obligations to date.
DCI will be holding a client-only webinar at 4:30 p.m. ET to provide additional information and direction, hosted by our President, David Cohen.
Clients can register for this webinar here.
