Executive Orders on DEI and Discrimination: 3 Things to Know
On January 20, 2025, the Trump Administration signed the Executive Orders “Ending Radical and Wasteful Government DEI Programs and Preferencing” and “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” with the effect of law. Both Executive Orders have a broad scope and include mandatory changes to decades of law surrounding discrimination while rolling back Diversity, Equity, and Inclusion (DEI) initiatives for the federal and local governments. I recommend that employees and employers consider the following:
The Executive Order “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” directs federal agencies and contractors to submit plans by May 20, 2025, identifying how they will remove protections associated with sexual orientation and gender identity from policies and practices. While this Executive Order commands the federal government and contractors, there has already been an impact on private employees/employers.
For example, on January 28, 2025, the Equal Employment Opportunity Commission (EEOC) stated that it will focus on prioritizing biological sex in response to the Executive Order. This approach puts the rights associated with gender identity (i.e., transgender protections) and sexual orientation in significant limbo, as EEOC protections must now review all charges filed by claimants to ensure compliance with the Executive Order (meaning that they could be excluded at the outset). It should be noted that the Executive Order does not entirely reverse the protections afforded by the Civil Rights Act of 1964 (and related precedent), which have been held to be constitutional by the Supreme Court; however, it still may have the “net effect” of removing certain protections.
The “Ending Radical and Wasteful Government DEI Programs and Preferencing” Executive Order specifically targets DEI-related positions and programs in the federal government and for federal contractors (with related penalties). This Executive Order also requires agencies to provide the Office of Management and Budget (OMB) with lists of federal contractors that provide DEI initiatives – while also mandating that contractors provide a list of their internal DEI policies. I recommend that federal contractors review the scope of their existing contracts to ensure compliance with their terms – while exploring how to adjust any anti-discrimination-related programming in light of the Executive Order.
Employers and employees should note that many state and local laws prohibit gender identity and sexual orientation discrimination (along with targeting inclusion programs/efforts). Therefore, an express or implied rollback at the federal level would not wholly remove protections and the need for related policies – overall. I recommend that employers review state and federal law in light of the Executive Orders in an effort to attempt to find a balance that leads to compliance.
Feel free to reach out to me at tstringham@kramerelias.com or (703) 202-7633 to discuss your workplace’s compliance with the Administration’s Executive Orders.
Theodora Stringham focuses her practice on bringing solutions-oriented representation and zealous advocacy to complex issues impacting individuals, organizations, and businesses. Ms. Stringham’s approach focuses on understanding clients’ concerns and providing them with thorough and detail-oriented approaches/options to advance their goals. She has been recognized for her advocacy in the Real Estate and Labor and Employment fields, providing counseling for a wide variety of Real Estate and Labor and Employment concerns.