President Trump’s Repeal of Many EEO Executive Orders and Directives
As we first alluded to last month, a broad range of previous executive orders has been revoked, the majority of which pertain to the conduct of the federal government itself. The most consequential to employers are
(1) the provisions repealing Executive Order 11246 (enacted in 1965) with its various requirements. Federal contractors may continue to observe its requirements until about April 19, 2025; and
(2) the order that the Office of Federal Contract Compliance (OFCCP) cease holding federal contractors responsible for meeting DEI requirements or workforce balancing but continue enforcing Executive Order 13279, protecting faith-based individuals while banning any violation of the other existing civil rights laws of the US.
A NEW requirement for federal contractors to obtain new contracts, however, is that they certify that
They do not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws (affirmative action programs for veterans are excepted); and
They agree that compliance with federal anti-discrimination laws is material to the government’s payment decisions.
Also, these Acts and Laws contain pay analysis requirements for employers. per Title VII of the Civil Rights Act and the Equal Pay Act of 1963, plus state and local pay transparency and pay equity laws.
Further, some companies’ DEI programs have established “aspirational goals,” or have labeled employees as “privileged” or “unprivileged” based upon their race, gender, religion, etc. Those are all issues that need to be addressed by employers and ameliorated before they become grounds for a lawsuit.
Finally (maybe?), if “woke language” with its enforced/politically correct terminology has come into vogue in a company, that may also provide fertile ground for a potential charge or lawsuit.