President Trump Revokes Executive Order 11246

Last night (Tuesday, January 21), President Trump issued a new Executive Order (EO), “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and an accompanying Fact Sheet. In the new EO, President Trump revoked Executive Order 11246, which was signed by President Lyndon B. Johnson in 1965 and is the foundational directive requiring federal contractors and subcontractors to implement annual affirmative action plans. The administration claims the new EO “Protects the civil rights of all Americans and expands individual opportunity by terminating radical DEI preferencing in federal contracting and directing federal agencies to relentlessly combat private sector discrimination.”

Some key items include:

  • Revoking Executive Order 11246 contracting criteria mandating affirmative action.
  • Barring the Office of Federal Contract Compliance Programs (OFCCP) from pushing contractors to balance their workforce based on race, sex, gender identity, sexual preference, or religion.
  • Requiring simple and unmistakable affirmation that contractors will not engage in illegal discrimination, including illegal DEI.

President Trump’s executive order does indicate that federal contractors will be required to certify, as part of the contracting process, that they do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws”.

Also, within 120 days, the Attorney General with the heads of relevant agencies and the Director of the Office of Management and Budget (OMB), must prepare and submit a report containing recommendations for enforcing Federal civil rights laws. This report must also “take other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI”.

It is important to note that Section 503 and VEVRAA requirements are still in effect. In addition, employers must still comply and file EEO-1, VETS-4212, and state reporting obligations to date.

More details will undoubtedly be forthcoming, and Affirmity will keep you updated as we learn more. If you have specific questions, please contact us at info@affirmity.com or reach out to your individual consultant or account manager.

About the Author

Kim Hendon headshotKim Hendon, Vice President of Sales, oversees account management and sales for Affirmity. She is responsible for building successful, long-term partnerships with clients for generating new business. Having served with the company for more than 20 years, Ms. Hendon has in-depth knowledge and broad experience in all areas of compliance and diversity.

Ms. Hendon assists clients with planning and development of affirmative action programs, diversity initiatives, and diversity training.

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