Trump's Executive Orders on Diversity Equity and Inclusion (DEI), and Equal Employment Opportunity

On July 21, 2025, Trump issued an Executive Order (EO) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” It targets affirmative action and federal contractors' Diversity, Equity, and Inclusion (DEI) programs. Among other recissions, the EO revokes Lyndon Baines Johnson's 1965 landmark civil rights measure, Executive Order 11246, entitled Equal Employment Opportunity (EEO).

As amended, LBJ's EEO Order prohibited federal contractors from discriminating against employees based on race, color, religion, sex, sexual orientation, gender identity, national origin and imposed affirmative action obligations. For example, federal contractors with more than 50 employees and $50,000+ in contracts were required to develop an Affirmative Action Plan and to conduct pay equity audits.

In addition to the revocation, Trump's EO prohibits the Office of Federal Contract Compliance Programs (OFCCP). from “[p]romoting ‘diversity’ ” or allowing affirmative action plans. The EO does not affect federal contractors’ Affirmative Action obligations with respect to disability and veteran status pursuant to Section 503 of the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act, but its not clear if the OFCCP will be able to enforce those laws.

Trump's EO does not change Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, national origin, religion and sex (including pregnancy, sexual orientation, gender identity), the Americans with Disabilities Act, the Age Discrimination in Employment Act,  or state anti-discrimination laws which, in Massachusetts, New Hampshire, and other states, provide additional protections. These protections apply to employment practices such as e recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, and other terms and conditions of employment.

Another January 20th Trump EO entitled "Ending Radical and Wasteful Government DEI Programs and Preferencing" eliminates DEI and environmental justice initiatives, policies, positions from the federal government (the largest employer in the country), from union contracts, and from training programs. It also eliminates all "'equity related' grants and contracts." Every federal agency, department, and committee has 60 days to come up with lists of all of the DEI or environmental justice activities, expenditures, policies, practices, etc.. in effect on November 4, 2024, and an assessment ensuring that they don't continue to function under some other name.

The other January 20th EO, "Initial Recissions of Harmful Executive Orders and Actions" revokes 78 pre-existing Executive Orders including, but not even close to limited to, the following:

• Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government).

• Executive Order 13988 of January 20, 2021 (Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation).

• Executive Order 14003 of January 22, 2021 (Protecting the Federal Workforce).

• Executive Order 14004 of January 25, 2021 (Enabling All Qualified Americans To Serve Their Country in Uniform).

• Executive Order 14020 of March 8, 2021 (Establishment of the White House Gender Policy Council).

• Executive Order 14021 of March 8, 2021 (Guaranteeing an Educational Environment Free From Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity).

• Executive Order 14031 of May 28, 2021 (Advancing Equity, Justice, and Opportunity for Asian Americans, Native Hawaiians, and Pacific Islanders).

• Executive Order 14035 of June 25, 2021 (Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce).

• Executive Order 14045 of September 13, 2021 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Hispanics).

• Executive Order 14049 of October 11, 2021 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities).

• Executive Order 14050 of October 19, 2021 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans).

• Executive Order 14055 of November 18, 2021 (Nondisplacement of Qualified Workers Under Service Contracts).

• Executive Order 14069 of March 15, 2022 (Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency).

• Executive Order 14075 of June 15, 2022 (Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals).

• Executive Order 14089 of December 13, 2022 (Establishing the President’s Advisory Council on African Diaspora Engagement in the United States).

• Executive Order 14091 of February 16, 2023 (Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government).

• Executive Order 14094 of April 6, 2023 (Modernizing Regulatory Review).

• Executive Order 14096 of April 21, 2023 (Revitalizing Our Nation’s Commitment to Environmental Justice for All).

• Executive Order 14124 of July 17, 2024 (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Hispanic-Serving Institutions).

Additional EOs issued by Trump on days 1, 2, and 3, while not addressing DEI by name, will have severe and pervasive consequences at work and school. The "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Goverment" will be the subject of its own forthcoming post.