Immediately after his reelection to a second term, President Donald Trump issued two executive orders on January 20, 2025, and one presidential action on January 21, 2025, repealing all Diversity, Equity, and Inclusion (DEI) programs and policies in the federal government and discouraging private sector employers from maintaining their DEI practices. This leaves private sector employers uncertain about the future of their DEI programs and what steps they should take to ensure compliance with applicable federal and state laws.
The Executive Order “Ending Radical and Wasteful Government DEI Programs and Preferencing” orders the federal government to terminate all discriminatory programs pursuant to Biden’s Executive Order 13985. These include “illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear.” It refers to the obligation for the public release of “Equity Action Plans” as an “immense public waste and shameful discrimination.”
The Executive Order titled Reforming the Federal Hiring Process and Restoring Merit to Government Service characterizes the current federal hiring system as “broken, insular, and outdated,” stating that it no longer prioritizes merit, practical skills, or dedication to the Constitution. The order mandates that, within 120 days, the relevant authorities develop a federal hiring plan that enhances government efficiency and prevents hiring decisions based on race, sex, or religion. See Reforming the Federal Hiring Process and Restoring Merit to Government Service.
While the two executive orders focused on abolishing illegal DEI/DEIA programs at federal sector level, the Presidential Action “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” included a section that encourages the private sector to end illegal DEI discrimination and preferences. It orders the Attorney General, within 120 days of this action, to submit a report containing “recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.” The report shall identify “[k]ey sectors of concern within each agency’s jurisdiction; [t]he most egregious and discriminatory DEI practitioners in each sector of concern; [a] plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated ‘DEI’ or otherwise) that constitute illegal discrimination or preferences.”
Given the Trump administration’s blatant opposition to DEI practices, private sector employers are now faced with the question of what to do about their existing DEI policies. It is noteworthy that Trump’s executive orders and presidential action do not change the longstanding federal laws prohibiting discrimination and harassment in the workplace based on race, color, religion, sex, or national origin. Any employment decisions based on protected category, including quota-like practices or employer preference for an applicant or a specific employee based on their protective category, have long been illegal under Title VII. Examples of illegal discrimination or preferences are treating an employee or applicant differently based on a protected category, or selecting an individual for an employment action based on a protected category.
Notwithstanding, under the Trump administration’s orders and action, employers may experience more non-minority employees bringing reverse discrimination claims. Now it is time for private sector employers to review their current DEI practices and policies to ensure they comply with existing and applicable federal and state law.
StraightforWARD Legal Advice:
While the current executive orders and action do not directly prohibit illegal DEI programs in private sector businesses, private sector employers should keep an eye on whether corporate diversity programs remain lawful in each jurisdiction.
Ward Law’s employment lawyers are always available to assist employers in defending discrimination claims. Ward Law also provides an experienced legal team to assist employers in amending business policies and procedures to limit the possibility of DEI violations. If you have any questions, please contact Xiaoyu Pu at (267) 728-0276 or xpu@thewardlaw.com.