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ARTICLE · 31 JANUARY 2025

Executive Order Changes Requirements For Affirmative Action Plans And Other DEI Programs

Winston Taylor
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On January 21, 2025, President Trump signed the "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" Executive Order (the EO).

United StatesEmployment and HR
Michael P. Roche
Michael P. Roche
Lawrence Block
Lawrence Block
Elizabeth Leavy
Elizabeth Leavy
Lawrence S Sher
Lawrence S Sher
Shane W. Blackstone
Shane W. Blackstone
William T. Kirkwood
William T. Kirkwood
Sarah N. Kreger
Sarah N. Kreger

On January 21, 2025, President Trump signed the "Ending Illegal Discrimination And Restoring Merit-Based Opportunity" Executive Order (the EO). This EO targets Diversity, Equity, and Inclusion (DEI) programs, upends 60 years of federal contractor affirmative action, and signals increased scrutiny of private company DEI programs by the federal government. In addition, the EO imposes potentially significant consequences for maintenance of "discriminatory" DEI programs.

The EO rescinds Executive Order 11246 issued by President Johnson in 1965 and related executive orders that established affirmative action requirements for federal contractors and subcontractors with respect to minorities and women. EO 11246 provided authority for the bulk of the Office of Federal Contract Compliance Programs (OFCCP) authority and affirmative action regulations. The EO provides that federal contractors and subcontractors may (not "must") continue to comply with the prior affirmative

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