President Trump Eliminates Affirmative Action Requirements for Federal Contractors
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Late on January 21, 2025, President Trump revoked Executive Order 11246, which required federal contractors to take affirmative action to ensure applicants and employees are treated without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
President Trump’s executive order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” instructs the Office of Federal Contract Compliance Programs to immediately cease: “(A) Promoting ‘diversity’; (B) Holding Federal contractors and subcontractors responsible for taking ‘affirmative action’; and (C) Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion or national origin.” It also instructs the Attorney General to 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 [diversity equity and inclusion].”
The executive order does not apply to “lawful Federal or private-sector employment and contracting preferences for veterans of the U.S. armed forces” and is silent on whether it impacts affirmative action requirements for federal contractors and subcontractors relating to individuals with disabilities under Section 503 of the Rehabilitation Act.
Reinhart attorneys are monitoring this matter closely and will publish updates on future developments. If your organization does business with the federal government and you have questions about the future of affirmative action requirements for federal contractors and subcontractors, please contact Christopher Schuele or your Reinhart attorney.