Trump Revokes 1965 Executive Order: A New Era in Affirmative Action?

President Trump has revoked Executive Order 11246, which has been in place since 1965. This order required federal contractors to take affirmative action to ensure equal opportunity in employment and prohibited discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. The new Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order aims to combat what it calls radical DEI preferencing in federal contracting. This move has significant implications for diversity and inclusion policies in the U.S., sparking both support and criticism from various quarters.

Trump Revokes 1965 Executive Order: A New Era in Affirmative Action?
On January 21, 2025, President Donald Trump made a significant move in the realm of affirmative action by revoking Executive Order 11246, which has been in place since 1965. This executive order was a landmark piece of legislation that prohibited federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. It also required these contractors to take affirmative action to ensure equal opportunity in all aspects of employment.

The new “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order, issued by President Trump, aims to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements. This move is part of a broader strategy to combat what the administration calls “radical DEI preferencing” in federal contracting.

The Impact on Affirmative Action

Executive Order 11246 was a cornerstone of civil rights legislation in the United States. It mandated that federal contractors engage in affirmative action to promote diversity and inclusion in their workplaces. This included measures such as workforce balancing based on race, color, sex, sexual preference, religion, or national origin. The order also protected employees of federal contractors from discrimination based on sexual orientation and gender identity through Executive Order 13672.
The revocation of EO 11246 has sparked intense debate. Critics argue that this move will lead to a rollback of hard-won civil rights gains and create a more discriminatory environment. Proponents, on the other hand, see this as an effort to restore merit-based hiring practices and reduce what they perceive as unfair advantages given to certain groups.

The New Order

The “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order contains several key provisions:
1. Termination of Affirmative Action Requirements: The order directs the Office of Federal Contract Compliance Programs (OFCCP) to immediately cease promoting ‘diversity’ and holding federal contractors responsible for taking ‘affirmative action.’
2. Workforce Balancing: The order prohibits federal contractors from engaging in workforce balancing based on protected characteristics.

3. Private Sector Enforcement: The order requires federal agencies and the Attorney General to develop a strategic enforcement plan to identify and deter discriminatory DEI practices in the private sector.
4. Litigation and Regulatory Action: The order envisions litigation, regulatory action, and sub-regulatory guidance to deter DEI programs or principles.

Implications for Employers

Federal contractors must review their existing affirmative action obligations and any current solicitations to determine whether any contractual provisions are affected by the new executive order. Private employers, especially those in sectors targeted by the order, should closely review their equal employment opportunity and diversity policies and initiatives.

Legal and Logistical Challenges

The actual execution of such a far-reaching immigration agenda is certain to face legal and logistical challenges. Critics argue that the new policies will be difficult to implement and may violate existing laws and court decisions.
In conclusion, the revocation of Executive Order 11246 marks a significant shift in U.S. employment law and policy. While proponents argue that this move will restore merit-based hiring practices, critics fear a rollback of civil rights gains. The impact of this change will be closely watched as it unfolds in the coming months.

1. What exactly does Executive Order 11246 require federal contractors to do?
   Answer: Executive Order 11246 requires federal contractors to take affirmative action to ensure equal opportunity in all aspects of employment and prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

2. Why was Executive Order 11246 revoked?
   Answer: The new “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order aims to combat what it calls “radical DEI preferencing” in federal contracting.

3. What are the key provisions of the new executive order?
   Answer: The new order directs the OFCCP to cease promoting ‘diversity,’ prohibits workforce balancing based on protected characteristics, and requires federal agencies to develop a strategic enforcement plan to deter discriminatory DEI practices in the private sector.

4. How will private employers be affected by this change?
   Answer: Private employers should closely review their equal employment opportunity and diversity policies and initiatives, as the new order targets private sector DEI practices.

5. What are the potential legal and logistical challenges of implementing these new policies?
   Answer: The actual execution of these policies is likely to face legal and logistical challenges, including potential violations of existing laws and court decisions.

6. Will existing affirmative action requirements for individuals with disabilities and protected veterans be affected?
   Answer: No, existing affirmative action obligations under Section 503 of the Rehabilitation Act and the Vietnam Era Veterans Readjustment Assistance Act remain unaffected.

7. How will the Office of Federal Contract Compliance Programs (OFCCP) be impacted by this change?
   Answer: The OFCCP will be directed to immediately cease promoting ‘diversity’ and holding federal contractors responsible for taking ‘affirmative action.’

8. What is the significance of Executive Order 13672 in this context?
   Answer: Executive Order 13672 protected employees of federal contractors from discrimination based on sexual orientation and gender identity, which has also been revoked.

9. How will the federal government encourage private sector employers to end illegal DEI discrimination?
   Answer: The federal government will develop a strategic enforcement plan to identify and deter discriminatory DEI practices in the private sector, including litigation, regulatory action, and sub-regulatory guidance.

10. What are the potential consequences for civil rights groups and advocacy organizations?
    Answer: Civil rights groups and advocacy organizations may face significant challenges as they navigate the implications of this policy change, potentially leading to increased activism and legal action.

The revocation of Executive Order 11246 marks a significant shift in U.S. employment law and policy. While proponents argue that this move will restore merit-based hiring practices, critics fear a rollback of civil rights gains. The impact of this change will be closely watched as it unfolds in the coming months, with potential legal and logistical challenges ahead. As the U.S. grapples with these complex issues, it is clear that the debate over affirmative action and diversity initiatives will continue to be a contentious and evolving issue.