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Since President Donald Trump was sworn in as the 47th president on Jan. 20, he has issued a sweeping set of executive orders that take aim at immigration and diversity, equity and inclusion programs and policies. Below is a breakdown of EOs that are relevant to ABC members.
To stay up to date on EOs issued by President Trump, ABC general counsel Littler Mendelson has provided an Executive Order Tracker and Rescinded Order Tracker. Additionally, a full list of executive orders and other actions can be found on the White House website.
Affirmative Action by Government Contractors
On Jan. 21, President Trump signed an EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”
This order states that, “for 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.”
Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”
On Jan. 23, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published a bulletin on the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The bulletin notes that, for 90 days from the date of the EO, federal contractors may continue to comply with the regulatory scheme in effect on Jan. 20, 2025.
The OFCCP bulletin also includes the following:
The OFCCP shall immediately cease:
It is important to note that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, are statutory and remain in effect.
Additional information from the OFCCP will be forthcoming in the following weeks. Also, the public can contact the OFCCP Customer Service Helpdesk at (800) 397-6251 with any questions.
On Jan. 24, Acting Secretary of Labor Vince Micone sent Secretary’s Order 03-2025 to all DOL employees pursuant to the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Secretary’s order directs all DOL employees to cease and desist all investigative and enforcement activity under the revoked EO 11246 and regulations that were implemented in accordance with the EO. It also requires DOL employees “to notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA components of the review or investigation are being held in abeyance pending further guidance.”
Read additional resources on the EO provided by ABC general counsel Littler Mendelson:
DEI Programs and Policies in the Private Sector
The EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” also encourages the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report (within 120 days of the order) 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.
According to the EO, the report shall contain a proposed strategic enforcement plan identifying: (i) Key sectors of concern within each agency’s jurisdiction; (ii) The most egregious and discriminatory DEI practitioners in each sector of concern; (iii) A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences. As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars; (iv) Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws; (v) Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and (vi) Potential regulatory action and sub-regulatory guidance.
Immigration
On Jan. 20, President Trump issued a flurry of executive orders related to immigration action items.
ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system.
ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.
Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.
Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:
ABC members are encouraged to reach out to counsel with any questions regarding the above referenced EOs.