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EO 14173

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

ActiveSigned January 21, 2025
DEI/Social IssuesLabor and EmploymentGovernmental – Government ContractsWhite Collar Defense and InvestigationsLitigationHealthcareTransportationConsumer Financial Services

Summary

Requires all departments and agencies to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements. Rescinds executive orders and Presidential memoranda related to federal actions and initiatives to promote diversity and inclusion, including Executive Order 11246 (Equal Employment Opportunity). Directs the Office of Federal Contract Compliance Programs to immediately cease promoting diversity and holding federal contractors and subcontractors responsible for taking affirmative action. Does not apply to employment and contracting preferences for veterans. Requires each agency head to include in every contract or grant award a term/provision that makes compliance with all applicable Federal anti-discrimination laws material to the government's payment decisions, which includes a certification that the contractor/recipient does not operate any DEI programs that violate any applicable Federal anti-discrimination laws. Directs federal agencies to encourage private sector to advance the policy of individual initiative, excellence, and hard work.

Agencies Impacted

  • All

Timeline

Immediate - termination of listed Executive Orders and memorandum promoting prior EEO policy. Through April 21, 2025 - Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025 (prior EEO policies) for 90 days from the date of the EO. Beginning April 22, 2025 - each Federal contractor will be required to certify ""that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws."""

Deliverable

Attorney General must submit a report to the Assistant to the President for Domestic Policy containing recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI, within 120 days of the EO (May 20, 2025). Attorney General and Secretary of Education must issue guidance for state and local educational agencies that receive Federal funds and higher education institutions that receive Federal grants or participate in the Federal student loan assistance program within 120 days of the EO.

Available Analysis

Analyzing President Trump’s Latest Executive Order Titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” The Squeeze is the Juice – Utilization of The False Claims Act in the DEI/Government Contracting Executive Order How Far Do They Reach? Four Issues Entities Should Consider When Analyzing the Trump Administration Executive Orders Related to Diversity, Equity, and Inclusion Trump DEI Executive Orders – Impacts on Small Businesses and Small Business Subcontracting What Should Contractors and Grant Recipients do in Response to the DEI Executive Orders? The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

Legal Challenges

  • Legal challengeSee summary

    National Association of Diversity Officers in Higher Ed v. Trump (D.Md). - preliminary injunction ordered 2/21

  • Doe 1 v. Office of the Director of National IntelligenceSee summary

    E.D.Va.

    Doe 1 v. Office of the Director of National Intelligence (E.D.Va.)

    View docket
  • National Urban League v. TrumpSee summary

    D.D.C.

    National Urban League v. Trump (D.D.C.)

    View docket
  • San Francisco AIDS Foundation et al v. TrumpSee summary

    D.D.C.

    San Francisco AIDS Foundation et al v. Trump (D.D.C.)

  • Chicago Women in Trades v. TrumpSee summary

    N.D. Ill.

    Chicago Women in Trades v. Trump (N.D. Ill.)

    View docket
  • American Association of Colleges for Teacher Education v. CarterSee summary

    D. Md.

    American Association of Colleges for Teacher Education v. Carter (D. Md.)

  • State of California v. U.S Department of EducationSee summary

    D. Mass.

    State of California v. U.S Department of Education (D. Mass.)

    View docket
  • Rhode Island Latino Arts v. National Endowment for the ArtsSee summary

    D.R.I.

    Rhode Island Latino Arts v. National Endowment for the Arts (D.R.I.)

    View docket
  • Doe v. CollinsSee summary

    D.D.C.

    Doe v. Collins (D.D.C.)

  • Legal challengeSee summary

    E.K. v. Department of Defense Education Activity

  • FreeState Justice v. Equal Employment Opportunity CommissionSee summary

    D. Md.

    FreeState Justice v. Equal Employment Opportunity Commission (D. Md.)

    View docket
  • King County v. TurnerSee summary

    W.D. Wash.

    King County v. Turner (W.D. Wash.)

    View docket
  • National Alliance to End Homelessness v. TurnerSee summary

    D.R.I.

    National Alliance to End Homelessness v. Turner (D.R.I.)

    View docket
  • Fell v. TrumpSee summary

    D.D.C.

    Fell v. Trump (D.D.C.)

    View docket
  • Withrow v. United StatesSee summary

    D.D.C.

    Withrow v. United States (D.D.C.)

  • Cross v. Equal Employment Opportunity CommissionSee summary

    D.D.C.

    Cross v. Equal Employment Opportunity Commission (D.D.C.)

  • State of Washington v. Health and Human ServicesSee summary

    D. Or.

    State of Washington v. Health and Human Services (D. Or.)