Since his inauguration, President Donald Trump has signed numerous executive orders, including actions to eliminate diversity, equity, and inclusion (DEI) programs in the federal government. One significant move was his Jan. 21 order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order repealed the Equal Employment Opportunity rule, a Civil Rights-era protection signed by President Lyndon B. Johnson in 1965.
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The Equal Employment Opportunity rule was designed to close a loophole in the Civil Rights Act of 1964, which excluded federal employees from anti-discrimination protections. Johnson’s order extended these protections, requiring federal contractors to avoid discrimination based on race, gender, religion, and other traits. The rule became law in 1972 and protected approximately 3.7 million employees of federal contractors from unfair treatment.
While Trump’s order does not alter the Civil Rights Act, it eliminates the rule that prohibited federal contractors from considering race, gender, or other characteristics in hiring decisions. Labor experts argue that revoking this rule weakens workplace protections and undermines a cornerstone of civil rights laws.
Fatima Goss Graves, CEO of the National Women’s Law Center, called the move an extraordinary step backward. She emphasized that the rule was widely supported and had been a foundational protection for over 60 years.
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What was the equal employment opportunity rule?
The Equal Employment Opportunity rule required federal contractors to take “affirmative action” to prevent workplace discrimination. This included ensuring fair treatment in hiring, promotions, and pay. The Department of Labor was responsible for overseeing and enforcing compliance.
Revoking the rule means fewer tools for addressing discrimination. Although federal and private employees are still protected by the Civil Rights Act, the removal of the 1965 rule could discourage workers from reporting discrimination and limit the Department of Labor’s ability to investigate such cases.
According to Josh Boxerman, government affairs manager at the National Employment Law Project, rescinding the rule places workers at a disadvantage. It also weakens enforcement mechanisms, potentially emboldening employers to disregard anti-discrimination policies.
Broader impacts on DEI programs
The effects of Trump’s executive orders extend beyond federal contractors. Legal experts suggest that this could set a precedent for limiting diversity and inclusion efforts in the private sector. Alex Hontos, a government contracting expert, noted that the orders could influence private employers, particularly through planned investigations of DEI programs in private organizations.
Trump’s administration has framed these actions as a push for merit-based hiring. According to the president, DEI initiatives have created “illegal, pernicious discrimination” by prioritizing identity over qualifications. This aligns with recent Supreme Court decisions and growing pressure from conservative activists to scale back DEI programs in schools and corporations.
In line with the executive orders, federal agencies have dismantled DEI offices, placed DEI staff on leave, and canceled DEI training programs. Contractors with ties to DEI have also been terminated.
Additionally, the administration has directed federal agencies to launch up to nine investigations into private companies with DEI programs. These investigations aim to identify practices considered discriminatory under the administration’s framework. Boxerman criticized these efforts, describing them as attempts to intimidate and shame companies committed to diversity and inclusion.
Future of DEI programs
Trump’s actions send a clear message that his administration opposes traditional DEI initiatives. While critics argue these steps undermine civil rights protections, supporters believe they restore fairness by focusing on individual merit rather than identity.
Erec Smith, co-founder of Free Black Thought, said Trump’s approach seeks to dismantle the “divisive” version of DEI that has gained traction in recent years. Smith noted that the administration is not abandoning the concepts of diversity and equity but instead targeting what it views as harmful implementations.
Ultimately, these developments signal a significant shift in federal policies on workplace diversity. The long-term impact on private employers and civil rights protections remains to be seen.
