At the start of his second term, President Trump has issued more than 70 executive orders, with topics ranging from energy to immigration. Three of them, Ending Radical and Wasteful Government DEI Programs and Preferencing, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and Ending Illegal Discrimination and Restoring Merit-Based Opportunity, directly impact many employers who had implemented policies or entered into contracts based on the Biden administration’s direction and policies.

Executive orders announce the policy priorities of the President and communicate Presidential directives for the operations of the federal government. Below is a quick overview of what each of the three executive orders directs. 

1. Executive Order No. 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing

This executive order ends any and all “Diversity, Equity, and Inclusion” (DEI) programs throughout the federal government. “Chief Diversity Officers,” “Equity Action Plans,” “environmental justice” offices, equity-related grants/contracts, as well as DEI and Diversity, Equity, Inclusion and Accessibility (DEIA) performance requirements are discontinued. Each agency, department, or commission head must comply by March 21, 2025.

2. Executive Order No. 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

This executive order directs federal agencies and federal employees to interpret “sex” as only male and female. Based on this definition, the order requires all federal agencies to enforce sex-based rights, protections, and accommodations. The order also proposes the codification of seven definitions, including “sex,” “women/woman/girls/girl,” “men/man/boys/boy,” “female,” “male,” “gender ideology,” and “gender identity.”

Federal agencies and employees are directed to enforce laws governing sex-based rights, protections, opportunities, and accommodations based on the aforementioned definitions. Additionally, federal agencies must remove and no longer publish any statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise encourage gender ideology. Further, certain government officials have been directed to require all government-issued identification documents, including passports and federal employment records, reflect only biological “sex” as defined within the order. The order instructs agencies to ensure that intimate spaces designated for women/girls/females or men/boys/males are designated by the order’s definition of “sex” and not by identity. By May 20, 2025, each agency head shall submit an update on implementation of this order to the President, through the Office of Management and Budget (OMB). 

3. Executive Order No. 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity

This order prohibits federal contractors, subcontractors, and grant recipients from maintaining DEI or DEIA programs or preferences. Federal contractors and subcontractors are directed not to consider race, color, sex, sexual preference, religion, or national origin in ways that violate civil rights laws. Further, contractors and grant recipients must agree that they will comply “in all respects with all applicable Federal anti-discrimination laws as a condition of all future contracts and grants awards.” They must certify that they “do[] not operate any programs promoting [diversity, equity, and inclusion] DEI that violate any applicable Federal anti-discrimination laws.” 

The Office of Federal Contract Compliance Programs (OFCCP) cannot enforce affirmative action, promote diversity, or “allow[] or encourage[] Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” In line with this order, all executive departments and agencies must end all DEI and DEIA preferences, mandates, policies, programs, and activities. OMB is also directed to remove references to DEI and DEIA principles under existing Federal acquisition, contracting, grants, and financial assistance procedures to “streamline those procedures, improve speed and efficiency, lower costs, and comply with civil-rights laws.” 

The Order further directs “all [federal] agencies to enforce our longstanding civil-rights laws and to combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

The Order does not apply to “lawful Federal or private-sector employment and contracting preferences for veterans of the U.S. armed forces or [blind] persons protected by the Randolph Sheppard Act, 20 U.S.C. 107 et seq.” 

4. Consideration for Businesses and Employers

• In light of the impending requirement that federal contractors certify they “do[] not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws[,]” employers that are federal contractors should review any affirmative action, DEI, or related policies or programs that they may have in place. 

• If federal contractors or grant recipients have positions such as “Diversity Officer”, they should review the duties and responsibilities to comply with the new order.

• All public and private employers, including those that are not federal contractors, should review their affirmative action, DEI, or related policies because the executive orders reflect an overall shift in regulatory priority, including for the Equal Employment Opportunity Commission (EEOC), which enforces federal civil rights laws.

• All employers should stay current as new guidance develops related to these orders and any developments in these changing times.

If you have any questions about the recent executive orders and their impact on employers, please contact a member of the HunterMaclean Employment practice group. We will continue to monitor developments on this important topic and issue updates as appropriate.