Affirmative action programs are facing significant changes. President Trump issued an executive order the night of January 21, 2025, revoking several prior orders regarding federal diversity, equity, and inclusion programs. Among those orders revoked was Executive Order 11246, the 1965 edict establishing affirmative action program requirements for federal contractors.
EO 11246 was the foundation for the current affirmative action plan mandates for federal contractor tracking of employment action and compensation by race, color, religion, sex, sexual orientation, gender identity, or national origin. President Trump’s executive order further mandates the Office of Federal Contract Compliance (OFCCP) cease the following: “(A) Promoting ‘diversity’; (B) Holding Federal contractors and subcontractors responsible for taking ‘affirmative action’; and (C) Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
The president’s order requires the head of each federal agency awarding contracts to include a contract provision in each agreement requiring the contractor to certify it does not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” The order provides that federal contractors may continue to comply with the pre-revocation regulatory scheme for 90 days from January 21, 2025. The full order can be found here.
The full ramifications of this new executive order are not yet clear. While some of the affirmative action program requirements may be rescinded, other tracking and planning requirements, such as those for veterans and individuals with disabilities, are based in statute and not in EO 11246. Additionally, there may be state and local laws and regulatory requirements to which employers remain subject. This order does not affect Title VII and related company anti-discrimination efforts.
Employers Council is monitoring developments and will continue to communicate them to our members. As always, if you have questions, please reach out to us at info@employerscouncil.org.
Julia Paris is an attorney and the director of Specialized Consulting Services for Employers Council.