Making Sense of the Executive Orders on DEI
In the first two weeks of the Trump administration’s second term, a number of Executive Orders have come out taking aim at DEI. We want to make sure everyone understands what these Orders do and do not mean for DEI in the workplace.
We have created a document to capture all Executive Orders related to DEI in the workplace, which you can download here.
Here is a summary of what has come out to date specific to the workplace:
Who Is Impacted
The primary focus of these Orders is on Federal Agencies, Federal Contractors, and organizations that receive federal funding
For publicly traded Corporate organizations, Non-Profits, Foundations, Bar & Medical Associations, and Higher Education institutions, each agency can identify up to 9 potential investigations
Key Statutes
Title VII of the Civil Rights Act still stands for private employers, preventing workplace discrimination based on race, color, religion, sex, or national origin
For every organization in the scope of the Orders, here is what is called out:
No quotas
No preferred hiring, staffing, or promotions of employees based on a protected class
No labeling or assigning employees as “privileged”
No rating employees on a racism or bias scale
No programming, training, activities, or policies that are exclusive to employees of one protected class that could provide them preferential treatment or positioning relative to other employees
Retain lawful employment of veterans and employees who are blind
Federal Agencies and Contractors also must:
only recognize two sexes, male and female
not use federal funds to promote “gender ideology”
not use “gender identity” as a replacement for sex
Federal Agencies and those dependent on federal funds also must:
Designate intimate spaces designated for women, girls, or females (or for men, boys, or males) by sex and not gender identity
Timing and Ongoing Direction
The Orders have a variety of timetables and next steps for heads of various Agencies to take, so more to come
Numerous lawsuits have already been filed disputing aspects of these Orders, and ultimately we will depend on the Courts to interpret what elements of these will stand given laws already in place
If you want to track these lawsuits go here:
If you feel any of these Orders impact your organization be sure to talk with your General Counsel so you can be compliant
If you need any support determining how these Executive Orders impact your organization, we are here to support you! Contact us at hello@equity-at-work.com.
Need help determining how to achieve high-impact, measurable results with your DEI work? Contact us here.
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