REGULATORY UPDATES
Tracking the Executive Orders, Regulations, and Industry Updates Affecting Federal Contractors and Other Employers in 2025
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The Trump Administration has issued a number of Executive Orders and published sub-regulatory guidance affecting Federal Contractors and other employers at a pace that is difficult for employers to keep up with. The experts at DCI Consulting are tracking these changes and have provided summaries of the federal actions, directives, and other items that most affect your compliance obligations in the space of affirmative action, equal employment opportunity, and workforce analytics.
January 2025
Executive Order 14185: Restoring America's Fighting
January 27, 2025
This Executive Order removes DEI initiatives in the military. This is similar to other Executive Orders aiming to remove DEI programs and initiatives from the civilian and federal workforce, federal contracting, and the private sector. It includes a definition of "DEI Office" that may influence how "illegal DEI" is defined in other executive orders.
Executive Order 14173: Eliminating Illegal Discrimination and Restoring Merit-Based Opportunity
January 21, 2025
This Executive Order revokes Executive Order 11246 and imposes new obligations on federal contractors to certify that they do not operate any "illegal DEI" practices. It also encourages the private sector to eliminate unlawful discrimination and preferences by directing federal agencies to compile lists of potential subjects for investigations or litigation related to "illegal DEI" activities. Additionally, this EO mandates that higher education institutions comply with the Supreme Court's ruling in SFFA v. Harvard College, which eliminates affirmative action.
More information can be found on the DCI Blog.
Executive Order 14170: Reforming the Federal Hiring Process and Restoring Merit to Government Service
January 20, 2025
This Executive Order promotes the use of data analytics by the administration to support merit-based hiring in the federal sector.
Executive Order 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
January 20, 2025
Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing
January 20, 2025
March 2025
EEOC and DOJ Publish Technical Assistance Documents Focused on Education the Public About Unlawful Discrimination Related to DEI
March 19, 2025
The Equal Employment Opportunity Commission and the Department of Justice published two technical assistance documents that provide more information about illegal DEI, including a one page document titled What To Do If You Experience Discrimination Related to DEI at Work and a longer document titled What You Should Know About DEI-Related Discrimination at Work.
EEOC Announces Reviews of Top Law Firms' DEI Programs
March 17, 2025
The Equal Employment Opportunity Commission Acting Chair Andrea Lucas sent letters to 20 top law firms asking for information and data related to their DEI programs.
Department of Education Announces Investigations into University Graduate and Scholarship Programs
March 14, 2025
The Department of Education opened investigations into 45 universities under Title VI of the Civil Rights Act as a follow-up a letter sent in February.
February 2025
Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act
February 28, 2025
The Department of Education issued Frequently Asked Questions (FAQs) regarding racial preferences and stereotypes at schools and universities. While these FAQs do not apply to employers, they may be indicative of what employers can expect from future guidance regarding the collection of demographic data, workforce analytics, and DEI programs.
GSA Memo: CAAC Consultation to Issue a Class Deviation From the Federal Acquisition Regulation (FAR) Regarding Executive orders 14173 and 14168
February 15, 2025
The General Services Administration (GSA) issued a memo from the Civilian Agency Acquisition Council (CAAC) authorizing Executive Branch agencies to deviate from FAR regulations and procurement practices in order to implement Executive Order 14173 and the revocation of EO 11246. The GSA also issued a supplement providing additional clauses and deviation text revisions for agencies to use.
OPM Memo: Further Guidance Regarding Ending DEIA Offices, Programs and Initiatives
February 5, 2025
The Office of Personnel Management (OPM) issued a memo providing clarification on expectations regarding ending DEIA offices, programs, and initiatives within the Federal government. This memo specifies that reasonable accommodations and other accessibility-related items, collection of demographic data, and other processes and procedures should continue as required by law. Employee Resource Groups (ERGs) and special emphasis programs can continue under the discretion of agency leadership and in compliance with President Trump's Executive Orders.
Attorney General Memo: Eliminating Internal Discriminatory Practices
February 5, 2025
The Attorney General outlined how the DOJ will follow EO 14173 by updating guidance to limit "disparate impact" theories and clarify that statistical disparities alone are not unlawful discrimination.
Attorney General Memo: Ending Illegal DEI and DEIA Discrimination and Preferences
February 5, 2025
January 2025
Acting Secretary of Labor's Order 03-2025
January 24, 2025
OFCCP Issues Statement After Revocation of Executive Order 11246
January 23, 2025
GSA's Policy Statement Regarding Intent to Suspend Enforcement of Contractual DEI Terms in Existing Agreements
January 22, 2025
Fact Sheet: President Donald J. Trump Protects Civil Rights and Merit-Based Opportunity By Ending Illegal DEI
January 22, 2025
March 2025
Former EEOC Officials Send Letter to Acting Chair Andrea Lucas
March 18, 2025
In this letter written to EEOC Acting Chair Andrea Lucas, former high-level EEOC officials express concerns regarding the legality of a series of information requests the Commission sent to 20 top law firms.
February 2025
Chicago Women in Trades v. Donald J. Trump, et. al
February 26, 2025
This lawsuit challenges two Executive Orders (EO) issued by President Trump, including EO 14173 "Ending Illegal Discrimination and Restoring Merit-Based Opportunity", claiming they violate the First and Fifth Amendments.
Memorandum to Professors, University Offices of General Counsel, and University Leaders
February 20, 2025
This memo, written by a group of law professors who study and teach antidiscrimination law, explains why common DEI initiatives remain legally defensible, despite the various Executive Orders issued by the Trump Administration.
National Urban League, et. al v. Donald J, Trump, et. al
February 19, 2025
This lawsuit challenges three Executive Orders (EO) issued by President Trump, including EO 14173 "Ending Illegal Discrimination and Restoring Merit-Based Opportunity", claiming they violate the First and Fifth Amendments and are beyond the President's legal authority.
Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives
February 13, 2025
This document, which was signed by 16 state Attorneys General, provides guidance to employers on the important and legality of Diversity, Equity, Inclusion, and Accessibility programs.
More information can be found on the DCI Blog.
House Resolution 989 - To Codify Executive Order 11246 titled "Equal Employment Opportunity"
February 5, 2025
This bill seeks to codify Executive Order 11246, which was revoked by President Trump.
More information can be found on the DCI Blog.
The American Federation of Labor and Congress of Industrial Organizations et. al v. U.S. Dept. of Labor, et. al
February 5, 2025
This lawsuit challenges actions by the Department of Labor and Department of Government Efficiency for allegedly unlawfully accessing sensitive information systems and data, violating the U.S. Constitution and the Administrative Procedure Act.
Filed in the U.S. District Court for the District of Columbia
National Association of Diversity Officers in Higher Education, et. al v. Donald J. Trump, et. al
February 3, 2025
This lawsuit challenges §§ 3 and 4 of EO 14173, claiming they violate free speech, due process, and separation of powers.
Filed in the U.S. District Court, Maryland, Baltimore Division
More information can be found on the DCI Blog.
Update: February 21, 2025
A federal judge has issued a preliminary injunction on portions of Executive Orders 14173 and 14151, as well as a memorandum opinion.
Update: February 25, 2025
The Trump Administration has filed an appeal to the preliminary injunction.
Update: February 27, 2025
The court has filed a Briefing Order providing a timeline of when the Opening, Response, and Reply Briefs are due to the court.
Update: March 3, 2025
U.S. District Judge Adam B. Abelson denied the Trump Administration's motion to stay the preliminary injunction on previously issued by the court.
Update: March 4, 2025
The Trump Administration has filed an additional appeal to the preliminary injunction.
Update: March 10, 2025
The Court has issued a clarification regarding the scope and purpose of the original preliminary injunction.
Update: March 13, 2025
NADOHE filed an emergency motion regarding alleged violations of the preliminary injunction by the Federal government.
Update: March 14, 2025
A decision from a three-judge appeals court panel lifted the preliminary injunction on EO 14173 while this legal challenge plays out in court. Read more in our blog.
