President Trump Rescinds Executive Order 11246

January 23, 2025

What's New

One day into his second term, President Trump issued a sweeping Executive Order rescinding E.O. 11246. Trump’s order, E.O. 14173, is titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity. It directs DOL’s Office of Federal Contract Compliance Programs to immediately:

Stop promoting diversity;
Stop holding federal contractors responsible for taking affirmative action; and
Stop allowing contractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

E.O. 14173 allows federal contractors to comply with OFCCP regulations through April 20, 2025. It is silent about contractors’ obligations under—and OFCCP’s enforcement of—Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA).

The new order also requires federal contracts to incorporate clauses in which contractors certify that they do not operate discriminatory DEI programs.

Trump’s E.O. directs federal agencies to combat illegal private-sector DEI policies and instructs the Attorney General by April 21 to provide specific measures for deterring discriminatory DEI programs.

What It Means

It appears that for AAP cycles beginning on or after January 21, 2025, covered contractors no longer have to prepare the components of a written E.O. 11246 AAP. Thus far, there have been no changes to employers’ obligation to file an EEO-1 Report or VETS-4212 Report. The order suggests that additional executive actions will be forthcoming. Importantly, the E.O. does not affect state or local AAP requirements.

What You Should Do

CWC members can join our members-only roundtable January 29 at 1:00 p.m. to discuss the rescission of E.O. 11246.

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