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Workplace Law Matters

TOP FIVE FRIDAY! DEI - What to Do?

Posted by Stephen B. Rotter | Feb 14, 2025 | 0 Comments

Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, rescinds several orders, including Executive Order 11246 , which required federal contractors to take affirmative action in hiring.

The new order:
• Directs the OFCCP to stop mandating affirmative action and promoting diversity among federal contractors.
• Prohibits workforce balancing based on race, sex, religion, or other protected characteristics.
• Instructs the Attorney General to report on private-sector DEI programs and pursue investigations, litigation, or regulatory actions when appropriate.

Key Takeaways for Employers
1. Compliance with Antidiscrimination Laws:
Regardless of recent Executive Orders, employers must continue following federal and state antidiscrimination laws, including Title VII of the Civil Rights Act.
2. Do Not Halt Antidiscrimination Efforts:
Employers should not pause or discontinue policies aimed at preventing workplace discrimination, as federal antidiscrimination laws remain fully in effect.
3. Review DEI and Antidiscrimination Policies:
Assess all DEI and antidiscrimination policies, even those not explicitly labeled as DEI, to determine which should stay, be adjusted, or removed.
4. Stay Updated on DEI Regulations:
Monitor changes under the Trump Administration's DEI policies, as further developments and enforcement actions are expected.
5. Special Attention for Federal Contractors:
Contractors should evaluate DEI initiatives tied to now-rescinded Executive Order 11246 and ensure compliance with obligations under Section 503 and VEVRAA.

If you need any assistance navigating how to continue promoting equity in the workplace, while remaining inclusive of diverse backgrounds and experiences, please reach out. hashtagtheworkplacecounsel hashtagHRcompliance

About the Author

Stephen B. Rotter
Stephen B. Rotter

Managing Partner

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