The current administration has issued two Executive Orders (EOs) related to diversity, equity, and inclusion (DEI) programs: EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
EO 14151 requires the termination of all discriminatory programs, including illegal DEI and “diversity, equity, inclusion, and accessibility” (DEIA) mandates, policies, programs, preferences, and activities in the federal government.
EO 14173 requires the following:
- Executive departments and agencies must terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.
- Regarding federal contractors, the Office of Federal Contract Compliance Programs must immediately cease: (1) promoting “diversity”; (2) holding federal contractors responsible for taking “affirmative action”; and (3) allowing or encouraging federal contractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin. Additionally, federal contractors must, in every contract or grant award, “certify that they do not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”
- And regarding private industry, federal agencies must enforce longstanding civil-rights laws and combat illegal private-sector DEI preferences.
On February 5th, 2025, two memorandums were issued concerning the EOs:
- U.S. Attorney General Pam Bondi issued a memorandum, “Ending Illegal DEI and DEIA Discrimination and Preferences,” implementing EO 14173 by ordering the Department of Justice’s Civil Rights Division to investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds. The Civil Rights Division and the Office of Legal Policy are also ordered to jointly 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 policies relating to DEI and DEIA.
- Charles Ezell, Acting Director, U.S. Office of Personnel Management, issued a memorandum providing guidance on both EOs. Federal agencies are advised in memorandum to eliminate DEIA offices, policies, programs, and practices (including policies, programs, and practices outside of any DEIA offices) that unlawfully discriminate in any employment action or other term, condition, or privilege of employment.
Right now, federal contractors have several actionable items pursuant on the EOs. Specifically, they (1) may not consider race, color, sex, sexual preference, religion, or national origin in ways that violate civil rights laws, and (2) must certify in contracts and grant awards that they do not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.
Private sector employers are left to anticipate the creation of a strategic plan (referenced in EO 14173) for enforcing federal civil rights laws and taking other measures to encourage the private sector to “end illegal discrimination and preferences, including DEI.” The level of scrutiny over private sector DEI programs will surely increase.
Federal contractors and other private sector employers that have DEI programs in place should consider reviewing their programs to ensure they do not violate anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex and national origin. Keep in mind that executive orders are subject to judicial review, and that a lawsuit was recently filed challenging the constitutionality of the EOs.
We will continue monitoring the status of these EOs and will provide further updates as they arise.
