DEI Practices in Federal Operations

Title of Executive Order: Executive Order on Civil Rights and Termination of DEI Practices
Date Signed: January 20, 2025
Signed by: President Donald J. Trump

Executive Summary:

This executive order outlines measures to eliminate practices and policies related to diversity, equity, and inclusion (DEI) within federal agencies and the private sector where such practices are deemed to violate federal civil rights laws. The order mandates the revocation of multiple prior executive orders promoting DEI, the restructuring of federal contracting practices, and guidance for compliance with civil rights laws.

Key Provisions:

Section 1: Purpose

• Reaffirms the enforcement of federal civil rights laws to protect individuals from discrimination based on race, color, religion, sex, or national origin. (pg. 1, para. 1)
• Critiques DEI policies as being inconsistent with civil rights laws and describes them as discriminatory. (pg. 1, para. 2)

Section 2: Policy

• Orders the termination of all federally implemented DEI mandates, preferences, programs, and activities. (Sec. 2)
• Directs agencies to enforce civil rights laws to address private-sector DEI practices. (Sec. 2)

Section 3: Terminating Illegal Discrimination in the Federal Government

• Revocation of DEI-related executive actions:
  The order revokes several prior directives aimed at advancing diversity and inclusion:
• Executive Order 12898 (1994): Focused on environmental justice in minority and low-income populations.
• Executive Order 13583 (2011): Established a coordinated government-wide initiative to promote diversity and inclusion in the federal workforce.
• Executive Order 13672 (2014): Expanded equal employment opportunity protections.
• Presidential Memorandum (2016): Promoted diversity and inclusion in the national security workforce. (Sec. 3(a))
• Changes to federal contracting:
• Revokes Executive Order 11246 (1965), which mandated affirmative action by federal contractors. Contractors can comply with existing rules for 90 days after the order’s enactment while the transition occurs. (Sec. 3(b)(i))
• The Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor is directed to stop:
• Promoting diversity programs. (Sec. 3(b)(ii)(A))
• Requiring affirmative action from contractors. (Sec. 3(b)(ii)(B))
• Allowing or encouraging workforce balancing based on race, sex, or other identity markers. (Sec. 3(b)(ii)(C))
• Federal contractors and subcontractors must certify compliance with civil rights laws, explicitly affirming that they do not operate DEI programs that contravene anti-discrimination laws. (Sec. 3(b)(iv))
• Review and revision of government-wide processes:
• The Director of the Office of Management and Budget (OMB) is tasked with reviewing all government acquisition and financial assistance processes to:
• Remove references to DEI principles. (Sec. 3(c)(ii))
• Streamline procedures for improved speed, efficiency, and compliance with civil rights laws. (Sec. 3(c)(iii))

Section 4: Encouraging the Private Sector to End Illegal DEI Practices

• Agency actions to influence the private sector:
  Federal agencies are instructed to promote the policy of individual initiative, excellence, and hard work within private-sector organizations. (Sec. 4(a))
• Strategic enforcement plan:
  The Attorney General, in consultation with the Director of OMB and relevant agencies, must develop a report containing:
• Identification of sectors of concern: Agencies must identify key sectors within their jurisdictions where illegal DEI practices occur. (Sec. 4(b)(i))
• Targeted investigations: Agencies will identify up to nine potential civil compliance investigations, focusing on large entities such as publicly traded corporations, nonprofit organizations, foundations with significant assets, professional associations, and institutions of higher education with large endowments. (Sec. 4(b)(iii))
• Litigation and regulatory recommendations: Agencies must propose regulatory actions, potential litigation, or sub-regulatory guidance to address illegal DEI practices. (Sec. 4(b)(iv)-(v))
• Comprehensive strategies:
  The report will outline other strategies to deter private-sector adoption of DEI programs that constitute illegal discrimination and ensure compliance with federal civil rights laws. (Sec. 4(b)(iv)).

Section 5: Guidance for Educational Institutions

• Mandates the issuance of guidance for educational institutions receiving federal funds to ensure compliance with federal civil rights laws and the Supreme Court’s decision in Students for Fair Admissions, Inc. v. Harvard College. (Sec. 5)

Section 7: Scope

• Clarifies that the order does not apply to federal preferences for veterans or practices protected under the First Amendment. (Sec. 7)