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In a series of executive actions following his inauguration, President Donald Trump has focused on eliminating diversity, equity, and inclusion (DEI) initiatives within the federal government. His efforts extend beyond DEI itself, as one recent order has revoked a significant Civil Rights-era regulation that has afforded numerous workers protection from discrimination.
On January 21, Mr. Trump issued an executive order titled “Ending illegal discrimination and restoring merit-based opportunity,” which invalidates the Equal Employment Opportunity rule established by President Lyndon B. Johnson in 1965. This rule mandates that federal contractors, currently employing approximately 3.7 million people, cannot discriminate based on race, gender, or other protected characteristics when hiring or promoting employees.
The cancellation of this six-decade-old regulation undermines a foundational civil rights safeguard for workers, indicating a broader intention to address issues in the workplace beyond DEI initiatives, according to labor experts. While DEI encompasses programs that promote equality for underrepresented groups, the Equal Employment Opportunity rule directly prohibited discriminatory practices by federal contractors, including racial discrimination in hiring or gender-based wage disparities.
Fatima Goss Graves, CEO of the National Women’s Law Center, expressed her astonishment at the extraordinary nature of this decision. She remarked that it represents a more significant attack on the principle of working free from discrimination, stating, “We agreed to that 60 years ago, and I’ll add that people in this country support it too.”
Understanding the Equal Employment Opportunity Rule
The Equal Employment Opportunity rule necessitated that federal contractors engage in “affirmative action” to prevent discrimination based on categories such as race, color, religion, sex, sexual orientation, gender identity, or national origin. This encompassed all facets of employment, from hiring practices to promotions and compensation, with oversight provided by the Department of Labor.
Implications of Revoking the Rule on Worker Protections
Despite the ongoing illegality of workplace discrimination under U.S. law, labor experts warn that the repeal of the Equal Employment Opportunity rule could severely hinder employees at federal contractor firms seeking to assert rights against unfair treatment. Josh Boxerman from the National Employment Law Project mentioned that removing these regulatory tools places workers at a disadvantage.
Effects on Private Sector Employers
While the Equal Employment Opportunity rule pertains specifically to federal contractors, the repercussions of Mr. Trump’s executive orders may extend to private sector employers as well. Alex Hontos, a legal expert in government contracting, noted that the changes signal a broader trend likely influencing private organizations, especially as state attorneys general are directed to investigate and potentially act against companies involved in DEI initiatives.
Even prior to these recent orders against DEI programs, various corporations such as Meta, Ford, McDonald’s, and Walmart were reassessing their DEI commitments. These shifts were spurred by a 2023 Supreme Court ruling that prohibited affirmative action in college admissions, coupled with increasing pressure from conservative activists.
Reasons for Banning DEI and the Equal Employment Opportunity Rule
According to Trump administration officials, the goal of these actions is to revert to what they define as a merit-based hiring process. In his executive order to revoke the 1965 regulation, Mr. Trump asserted that the policies are intended to uphold the civil rights of all Americans while fostering attributes such as individual initiative and hard work.
He critiqued DEI policies for allegedly facilitating “illegal, pernicious discrimination” by emphasizing characteristics such as race over individuals’ capabilities. Numerous legal challenges have emerged against DEI programs, arguing that they may disadvantage individuals who are not recipients of such favor or infringe upon workers’ rights to free speech, as suggested by New York University’s Meltzer Center.
Erec Smith from the Cato Institute provided insight, indicating that the Trump administration is not discarding DEI concepts as traditionally understood but is instead opposing a “critical social justice version” that he perceives as divisive.
Future of DEI Programs
With the Trump administration’s directives in place, DEI programs are being systematically dismantled across federal agencies. The directives mandated that all federal employees working in DEI capacities be placed on leave, that all public-facing materials related to DEI be removed, and that any pending DEI training sessions be canceled by a specified deadline.
Furthermore, Mr. Trump’s executive order requires federal agencies to identify potential civil compliance investigations of publicly traded companies and large nonprofits involved in DEI that are perceived to practice illegal discrimination. This aspect of the order is considered by Boxerman to represent an effort to intimidate the private sector, aiming to shame organizations that are perceived to be advancing DEI agendas.
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