President Donald Trump has rescinded the 60-year-old Executive Order 11246 (EO 11246), which required federal contractors to practice affirmative action based on race and gender. The president also issued a separate executive order this week to end diversity, equity, and inclusion (DE&I) programs and preferencing in the federal government.
In 1965, President Lyndon Johnson issued EO 11246, which also required nondiscrimination by federal contractors.
While the affirmative action obligation for EO 11246 will end due to its rescission by the EO Trump issued Jan. 21, contractors’ affirmative action obligations will continue for people with disabilities and veterans, due to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, explained Zev Grumet-Morris, an attorney with Duane Morris in Chicago. Nondiscrimination obligations based on race, gender, and other protected categories will continue as well.
Read the full article
Trump Rescinds Affirmative Action by Contractors Based on Race, Gender
SHRM | Jan 2025
EO Impact Zone, A Guide for HR Leaders
The First 100 Days
Webcast: Navigating the Two DEI Executive Orders: Merit-Based Practices and Belonging in the Evolving Policy Landscape
SHRM
OFCCP Makes First Public Statement Following Revocation of Executive Order 11246
Jackson Lewis | Jan 2025
Law Firm Articles
President Trump’s Order directs the Office of Federal Contract Compliance Programs (OFCCP) to immediately cease promoting diversity, or requiring affirmative action from federal contractors and subcontractors. It also explicitly prohibits workforce balancing based on race, color, sex, “sexual preference,” religion, or national origin.
While the Order dramatically curtails OFCCP’s role in promoting diversity and enforcing affirmative action requirements under EO 11246, the Agency appears to retain its statutory authority to enforce federal contractors’ Section 503 and VEVRAA obligations. The Order explicitly states that it does not apply to “lawful Federal or private-sector employment and contracting preferences for veterans of the U.S. armed forces or persons protected by the Randolph-Sheppard Act.”
Management Alert: Trump Executive Order Eliminates Federal Contractor Affirmative Action Requirements and Creates New DEI Enforcement Framework
Seyfarth | Jan 2025
The revocation of Executive Order 11246 impacts pending and new OFCCP audits — as the agency’s audit jurisdiction is predicated on Executive Order 11246 and its implementing regulations. OFCCP audit requests focus on an employer’s “current” affirmative action plans, and the new executive order provides that contractors “may continue to comply with the regulatory scheme” for now (indicating that compliance is discretionary). Further, the new executive order directs OFCCP to “immediately cease” certain activities related to OFCCP’s audit practices and the agency’s focus on statistical impact.
New Executive Order Revokes Executive Order 11246 and Targets Employer DEI Efforts
McGuire Woods | Jan 2025
The Order provides contractors and subcontractors 90 days to eliminate their affirmative action programs to the extent they are inconsistent with the Order's requirements. Starting April 21, 2025, contractors "shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate the Nation's civil rights laws." Furthermore, contractors, subcontractors, and grant recipients are prohibited from maintaining any DEI programs.
President Trump Ends Affirmative Action Requirements for Government Contractors
Holland & Knight | Jan 2025
Require Contractor Acknowledgement of Materiality. The Trump EO also requires federal agencies to include in every contract or grant award a clause requiring the contractor or grant recipient to (1) agree that its compliance with federal anti-discrimination laws is material to the government’s payment decisions for purposes of the civil False Claims Act, and (2) certify that it does not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.
President Trump Signs Executive Order Eliminating Affirmative Action Requirements for Federal Contractors
Sidley | Jan 2025
Related Reading
Steps Employers Should Take After President Trump Revoked Executive Order 11246
Blank Rome | Jan 2025
Trump Dismantles Key Affirmative Action and DEI Standards for Federal Contractors: Top 3 Takeaways
Fisher Phillps | Jan 2025
SHRM Ask An Advisor
Get expert help on a wide range of HR topics. Access experienced, certified HR Knowledge Advisors by phone, chat & email
Connect with An Advisor now: https://www.shrm.org/hrhelp
SHRM Members' Survey
Tell us what you think about the Express Request self-service feature in a few quick questions.
An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.
Related Content
HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.