President Trump's Second Term: Anti-DEI Executive Orders

In the first two days of his second term in office, President Trump issued dozens of executive orders—including several that seek to eliminate diversity, equity, and inclusion (“DEI”) programs and policies across the federal government and in federal contracting, and to encourage the private sector to end such initiatives. This alert summarizes five DEI-related orders¹ issued thus far, including those orders' potential implications for federal contractors and other private employers.

To the extent an executive order instructs agencies to consider issuing new regulations or rescinding existing regulations, a separate agency process to implement that instruction is typically required.² Changes to existing government contracts would also typically require additional process and legal approvals and may invite litigation. Additionally, legal challenges—like the challenge to President Trump's executive order attempting to revoke constitutionally protected birthright