With the recent flurry of new executive orders issued by President Trump, human resources professionals across the country have been faced with possible changes to their practices and obligations, from affirmative action planning requirements to DEI initiatives. Many companies are examining internal policies and practices across the board, including their EEO policies and how and when they conduct workplace investigations.
Executive Order 14173 revokes prior Executive Order 11246, which mandated affirmative action plans regarding race, color, religion, sex, sexual orientation, gender identity, or national origin for federal contractors. Executive Order 14173 also contains provisions encouraging the private sector to end illegal DEI discrimination and preferences and mandates that the attorney general and the heads of relevant agencies identify the most “egregious and discriminatory” practitioners of DEI.
This language has many employers wondering if this impacts how they handle internal EEO practices, including workplace investigations, and if they should change their criteria for matters that require an investigation.
While affirmative action compliance may look significantly different going forward, the existing prohibitions on workplace discrimination and harassment remain unchanged. Title VII, which prohibits workplace discrimination and harassment, has not been affected by the recent executive orders. Employers are still obligated to investigate any allegations or reports involving protected class discrimination or harassment, including sexual harassment and retaliation.
Workplace investigations must still be thorough, unbiased, and well-documented, and employees should continue to undergo training on organizational policies and complaint procedures.
If you receive a workplace complaint or have notice of employee allegations and are uncertain as to how to proceed, Employers Council can help. Our staff attorneys can assist Consulting and Enterprise members with assessing risk and determining the next steps for handling complaints. If a workplace investigation is needed, we have trained attorney-investigators on staff to ensure your investigation is conducted in accordance with best practices to reduce risk. Click here to learn more about our workplace investigations, and contact us at info@employerscouncil.org if you have any questions.
Julia Paris is an attorney and the director of Specialized Consulting Services for Employers Council.