President Donald Trump has revoked Executive Order 11246 regarding affirmative action obligations of federal government contractors and subcontractors to promote employment of women and race/ethnic minorities.

The New Executive Order & Fact Sheet

The new Executive Order – “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” – and an accompanying set of FAQs, broadly address diversity, equity and inclusion programs in the federal government, and DEI programs of federal contractors and private sector employers generally.

Section 503 of the Rehabilitation Act (regarding affirmative action for Individuals with Disabilities) and the Vietnam Era Veterans Readjustment Assistance Act (or VEVRAA, regarding affirmative action for military veterans) are not subject to this new Executive Order. And those obligations can only be modified or rescinded by Congress.

The new Executive Order states that federal contractors may continue to comply with OFCCP’s regulations regarding affirmative action for females and minorities for the next 90 days, if they choose.

The Executive Order has no impact on EEO-1, VETS-4212, and state pay and EEO reporting requirements.

What's Next?

This is a developing situation and there are unknowns yet to be clarified. We will obtain updated information as it becomes available, and we will issue a follow-up Employer Alert soon. 

Silberman Law will host a client-only Zoom webinar tomorrow to discuss these developments, as well as options for strategies for clients to consider. We will send an invite later today.