Trump’s Executive Order Ends 1965 DEI Measures, Rescinds Lyndon B. Johnson’s Order

In yet another executive order signed by President Donald Trump on January 21, the executive order, titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” ends 6 decades of DEI (Diversity, Equity and Inclusion) for federal contractors. The order has been upheld through 10 President’s terms, both Democrat and Republican, including Trump in his first term as President, however, trump campaigned extensively about ending DEI programs and made good on his promises to voters by signing the order shortly after coming into office.

The order is not to be confused with the Equal Employment Opportunity Act of 1972. An executive order is limited in scope, issued by a President and can be overturned through Congress or the Supreme Court, an Act is passed by a legislative body and is more comprehensive and permanent.

Trump’s executive order rescinds executive order 11246 of the Article II branch of the federal government, which was singed by former President Lyndon B. Johnson in 1965.

The previous order established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors and subcontractors who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.

The order also required contractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. The order essentially stated that companies who do business with the government had to comply with federal civil rights law and take affirmative action to hire more people of color and women or risk losing out on taxpayer dollars.

Changes were made to that order throughout history, expanding on the order. George W. Bush added a religious exemption and Barack Obama added a sexual orientation exemption.

Trump’s new order cancels Johnson’s prior order, stating that the Office of Federal Compliance Programs (OFCCP) must immediately stop promoting diversity and affirmative action, and cease to allow or encourage contractors and subcontractors to engage in workforce balancing based on sex, race, color, religion, national origin and sexual preference.

The order also states that the heads of federal agencies must submit reports within the next 120 days addressing private sector companies who hold "egregious and discriminatory" DEI programs; deterring DEI programs “that constitute illegal discrimination or preferences”; considering litigation for federal lawsuits, intervention, or statements of interest; and implementing other ways to stop private sectors to end what Trump calls “illegal DEI discrimination and preferences”.

“Federal hiring, promotions, and performance reviews will reward individual initiative, skills, performance, and hard work and not, under any circumstances, DEI-related factors, goals, policies, mandates, or requirements,” the order states.

Trump had already previously signed orders the first day in office eliminating the DEI programs within the federal government, placing employees on leave with pay, with full terminations expected soon. Trump also signed an order restricting the definition of gender to male and female only.

It’s important to note that the order does not undo any anti-discrimination acts or civil rights laws. The Civil Rights Act of 1964 includes a provision banning employment discrimination based on race, color, religion, sex and national origin.

The Equal Employment Opportunity Act of 1972 prohibits discrimination in the workplace based on race, color, national origin, sex, religion, age, disability, and marital or familial status. Trump’s executive order doesn’t change those Acts.

Trump’s order also doesn’t give federal contractors the right to start discriminating, as they still must comply with Title VII of the 1964 Civil Rights Act which prohibits discrimination, however, Title VII does not require companies to provide information on employment practices which could, essentially make that harder to determine.

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