Recent Updates on Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity

• January 21, 2025: Executive Order (EO) titled "ENDING ILLEGAL DISCRIMINATION AND RESTORING MERIT-BASED OPPORTUNITY" is signed.

  • This order revokes Executive Order 11246, effectively ending affirmative action for women and minorities in federal contracting.
  • The EO aims to eliminate race- and sex-based preferences, promoting merit-based opportunities in line with the Civil Rights Act of 1964.
  • It revokes multiple executive orders related to environmental justice, diversity, and inclusion within the federal workforce and federal contracting.
  • Key actions include:
    • Streamlining the federal contracting process.
    • Mandating compliance with civil rights laws.
    • Removing affirmative action requirements.
    • Directing agencies to discourage Diversity, Equity, and Inclusion (DEI) policies in the private sector.
    • Requiring a report with strategic enforcement plans.
    • Mandating compliance with the Supreme Court's decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.
  • Relevant links:
    • White House official link
    • UC Santa Barbara Presidency Project link

• Immediately Following January 21, 2025 (Implementation):

  • Federal contractors are granted a 90-day period to continue operating under the regulatory framework in place as of January 21, 2025.
  • The Department of Labor's Employment and Training Administration (DOL/ETA) initiates notifications to recipients of federal financial assistance.
    • These notifications detail changes to award terms, specifically prohibiting activities related to DEI programs as outlined in the Executive Order.

• Within 120 Days of January 21, 2025 (Implementation & Reporting):

  • The Attorney General, in collaboration with agency heads and the Director of the Office of Management and Budget (OMB), is required to submit a comprehensive report to the Assistant to the President for Domestic Policy.
  • This report must include recommendations for:
    • Robustly enforcing federal civil rights laws.
    • Actively encouraging the private sector to eliminate "illegal discrimination and preferences," including Diversity, Equity, and Inclusion (DEI) programs.

Ongoing Developments to Monitor:

• Legal challenges to the Executive Order are anticipated due to its broad scope and potential discriminatory impacts.
• Further implementation steps from federal agencies are expected as they operationalize the directives of the EO.
• Public and expert reactions will continue to emerge, shaping the discourse around merit-based opportunities and DEI initiatives.