How President Trump’s DEI Executive Orders Could Impact You

How President Trump’s DEI Executive Orders Could Impact You 

As promised during his campaign, President Trump issued a series of executive orders in his first week of office targeting diversity, equity, and inclusion (DEI) programs in both the public and private sectors. These executive orders are intended to prohibit lawful efforts to advance equity in the workforce, on the basis of race, ethnicity, sex, and multiple other attributes, and for these agencies to audit in lockstep with the administrations’ agenda. 

Our intention with this blog post is to hopefully clear up the air of disinformation surrounding this topic. It can be easy to take what is being broadcasted to us as something that is already written into law, due to the President’s desire for recognition, but it is important to remember the guardrails that exist and the process that an order such as this will take before being enforced. 

What are DEI Programs? 

Simply put, executive orders are directives that are issued by the President to announce the administration’s policy priorities. Federal agencies are then instructed to exercise their authority, consistent with those priorities. Because they change with each administration’s policies, they effectively are temporary rules. Diversity, equity, and inclusion (DEI) programs are strategies designed to equalize opportunities for people who are unfairly disadvantaged, typically based on race, ethnicity, sex, and other attributes.  

What Do the President’s Executive Orders Do? 

President Trump’s executive orders include several key initiatives, such as: 

• Terminate diversity, equity, inclusion and accessibility programs, policies, and mandates across all federal government agencies over 60 days. This would be administered by the Office of Management and Budget, Attorney General, and Office of Personnel Management in tandem. 

• Repeal executive orders designed to ensure equal opportunity in the workplace, including an order from President Johnson’s administration that require contractors to take active steps to prevent discrimination in employment opportunities. 

• Terminate equity-related grants and contracts. 

• Order federal agencies to contractually obligate federal contractors to certify that they do not operate any programs promoting DEI that violate any “applicable Federal anti-discrimination laws.” 

• Challenge non-profits, higher education institutions, philanthropic organizations, and other agencies that advance teachings of equity, by threatening legal action to thwart their programs. 

• Seek what state and local agencies and institutions of higher education can do to ensure equal access to education. 

• Influence the interpretation of these orders through Supreme Court decisions that may set precedent affecting DEI policies. 

What Do the President’s Executive Orders Not Do? 

President Trump’s executive orders do not alter the antidiscrimination laws enshrined in our Constitution and our civil rights laws. While chatter amongst figureheads may argue that certain liberties are up for deliberation, discrimination based on race, color, religion, sex, or national origin is still prohibited. Title VII of the Civil Rights Act of 1964 protects this notion. In addition, the President’s executive order left in place affirmative action for veterans and individuals with disabilities. 

What is in consideration for protection is the notion of sexual orientation and gender identity. The current President’s executive order effectively eliminated Executive Order 13672, issued by President Obama, that included sexual orientation and gender identity as protected classes under law.  

How Does This Affect Me as an Employee? 

Although these initiatives seem sweeping and daunting, the language of the President’s executive orders is vague, allowing for potential legal challenges. With that in mind, it allows for more surefire challenges in the courts. 

Late last month, U.S. District Judge Adam Abelson of Maryland blocked several of the challenges laid out in the President’s orders. He found that the provisions were “unconstitutionally vague” and argued that the EO “offers no guidance or notice of what the government now considers ‘illegal’ DEI.” The order aimed at non-federal public and private sectors entities targets DEI practices that are deemed “illegal” or “unlawful,” but the order does not comprehensively define what makes a practice “illegal.”  

So, while this effort will not end the administration’s challenges in the courts, it does allow for breathing room amongst workers and employers, particularly amongst educational institutions and the private sector. For employers, it would be wise to conduct privileged risk audits of their DEI programs at least regularly, without fully overcorrecting their operations. This is to ensure their programs are up to date in the case that things cave towards the President’s agenda. 

For workers across the country, it is important to remember that you still have many civil rights protections as a due citizen. The basis of race, ethnicity, sex, gender, and orientation are matters that are protected under the Civil Rights Act, and the President does not have the power to thwart those protections. If you are being harassed based on your race, gender, sex or ethnicity, or other aforementioned factors above, you are within your right to seek a race discrimination lawyer, ethnicity discrimination lawyer, or sex discrimination lawyer for protection. Whether you are in the hiring phase or dealing with compensation or promotional matters, these protections carry with you throughout the entire process. It would be advised to file a complaint with the EEOC or pursue an experienced New York discrimination attorney who can guide you through the legal process of advocating your rights under New York discrimination laws. Additionally, you may need to take your case to a federal court if it involves violations of federal law. 

Conclusion 

In summary, while President Trump’s executive orders on DEI present challenges, they do not override existing civil rights protections. Stay informed, seek legal counsel if needed, and remember that your rights are safeguarded by law. 

Call Us 

We at Filippatos PLLC are here to protect you from discrimination. If you are experiencing discrimination at work due to protected attributes, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.