President Trump Acts to Roll Back DEI Initiatives
Executive Orders: Require Attorney General to Recommend Measures to Encourage Private Sector to End Illegal DEI Practices Establish Federal Policy of Two Genders Only, Cease Virtually All DEI-Related Activities in the Federal Workforce, and Cancel Affirmative Action Requirements for Federal Contractors Summary Consistent with President Trump’s campaign promises, the White House has taken swift and […]
Tracy Richelle High, Julia M. Jordan, and Ann-Elizabeth Ostrager are Partners at Sullivan & Cromwell LLP. This post is based on a Sullivan & Cromwell memorandum by Ms. High, Ms. Jordan, Ms. Ostrager, Diane L. McGimsey, Scott D. Miller, and William S. Wolfe.
Executive Orders:
- Require Attorney General to Recommend Measures to Encourage Private Sector to End Illegal DEI Practices
- Establish Federal Policy of Two Genders Only, Cease Virtually All DEI-Related Activities in the Federal Workforce, and Cancel Affirmative Action Requirements for Federal Contractors
Summary
Consistent with President Trump’s campaign promises, the White House has taken swift and significant actions to roll back diversity, equity, and inclusion (“DEI”) programs and initiatives through executive orders. The executive orders direct the Attorney General, in consultation with the heads of relevant federal agencies, to identify private sector companies with “egregious and discriminatory” DEI programs, signaling potential investigations of publicly traded corporations and large non-profits as well as litigation and potential “regulatory action and sub-regulatory guidance” impacting the private sector. The executive orders establish a federal policy of recognizing two genders only, cease virtually all DEI-related activities in the federal workforce, and rescind a number of DEI-related executive orders issued by prior administrations, including Executive Order 11246, which requires federal contractors to implement affirmative action programs.
