Patrick Tomaszewski
2025-01-24 22:28:56 UTC
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PermalinkTrump's DEI rollback revokes a number of former executive orders and
memorandums that promoted or otherwise specifically set in place laws to
prohibit discrimination. A number of the executive orders revoked were part
of the landmark Equal Employment Opportunity Act
By Jennifer Vazquez and Daniel Arkin, Yamiche Alcindor and Matt Lavietes |
NBC News Published January 23, 2025 Updated on January 23, 2025 at 5:42
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Walmart says it is ending some of its Diversity, Equity and Inclusion
initiatives, including winding down its non-profit.
What to Know
Among the first executive actions signed by President Donald Trump
during his first day in office was ending "radical and wasteful" diversity,
equity and inclusion programs inside federal agencies.
In recent years, Trump and conservatives have assailed DEI initiatives
across American society, characterizing them as discriminatory.
The proponents of DEI in American society have argued that such
initiatives are essential to make companies, schools, government agencies
and other institutions more racially and socially inclusive.
Among the first executive actions signed by President Donald Trump during
his first day in office was ending "radical and wasteful" diversity, equity
and inclusion programs inside federal agencies.
In a phone call Monday morning ahead of Trumps swearing-in, senior White
House officials detailed both orders, grouping them under the Trump
administrations wider restoring sanity agenda.
The new administration will hold monthly meetings with the deputy
secretaries of key agencies to assess what type of DEI programs are still
discriminating against Americans and figure out ways to end them, the
official continued, adding that the new administration intends to
dismantle the DEI bureaucracy, singling out environmental justice
programs and equity-related grants.
The official said it was very fitting that the DEI order was announced on
Martin Luther King Jr. Day because the "order is meant to return to the
promise and the hope, captured by civil rights champions, that one day all
Americans can be treated on the basis of their character, not by the color
of their skin.
In recent years, Trump and conservatives have assailed DEI initiatives
across American society, characterizing them as discriminatory.
The proponents of DEI in American society have argued that such initiatives
are essential to make companies, schools, government agencies and other
institutions more racially and socially inclusive.
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In the weeks leading up to Trumps return to power, major corporations,
such as Meta, McDonalds and Walmart, have announced they are ending some
or all of their diversity practices.
Trump's executive action says in part: "Roughly 60 years after the passage
of the Civil Rights Act of 1964, critical and influential institutions of
American society, including the Federal Government, major corporations,
financial institutions, the medical industry, large commercial airlines,
law enforcement agencies, and institutions of higher education have adopted
and actively use dangerous, demeaning, and immoral race- and sex-based
preferences under the guise of so-called diversity, equity, and inclusion
(DEI) or diversity, equity, inclusion, and accessibility (DEIA) that can
violate the civil-rights laws of this Nation."
The action goes on to say that in order to say that its purpose "is to
ensure that it does so by ending illegal preferences and discrimination."
What does the executive action call for?
Trump's DEI rollback revokes a number of former executive orders and
memorandums that promoted or otherwise specifically set in place laws to
prohibit discrimination based on race, color, religion, sex, or national
origin.
Trump's executive action rescinds the following:
"Sec. 3. Terminating Illegal Discrimination in the Federal Government.
(a) The following executive actions are hereby revoked:
(i) Executive Order 12898 of February 11, 1994 (Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations);
(ii) Executive Order 13583 of August 18, 2011 (Establishing a Coordinated
Government-wide Initiative to Promote Diversity and Inclusion in the
Federal Workforce);
(iii) Executive Order 13672 of July 21, 2014 (Further Amendments to
Executive Order 11478, Equal Employment Opportunity in the Federal
Government, and Executive Order 11246, Equal Employment Opportunity); and
(iv) The Presidential Memorandum of October 5, 2016 (Promoting Diversity
and Inclusion in the National Security Workforce).
(b) The Federal contracting process shall be streamlined to enhance speed
and efficiency, reduce costs, and require Federal contractors and
subcontractors to comply with our civil-rights laws. Accordingly:
(i) Executive Order 11246 of September 24, 1965 (Equal Employment
Opportunity), is hereby revoked. 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."
But what does it actually revoke? Here's the breakdown and what it means:
Details on the executive orders and memorandum Trump's actions are revoking
Executive Order 12898 of February 11, 1994 (Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations)
This specific order was issued by President Bill Clinton with an aim for
the federal government to focus on the environmental and human health
impact that federal actions will have on minority and low-income
populations to achieve environmental protection for all communities.
Executive Order 13583 of August 18, 2011 (Establishing a Coordinated
Government-Wide Initiative to Promote Diversity and Inclusion in the
Federal Workforce)
This executive order was signed by President Barack Obama. It states that
"commitment to equal opportunity, diversity, and inclusion is critical for
the Federal Government as an employer. By law, the Federal Governments
recruitment policies should endeavor to achieve a work force from all
segments of society. (5 U.S.C. 2301(b)(1)). As the Nations largest
employer, the Federal Government has a special obligation to lead by
example. Attaining a diverse, qualified workforce is one of the
cornerstones of the merit-based civil service."
Executive Order 13672 of July 21, 2014 (Further Amendments to Executive
Order 11478, Equal Employment Opportunity in the Federal Government, and
Executive Order 11246, Equal Employment Opportunity)
The executive order signed by Barack Obama amends Executive Order 11478 and
Executive Order 11246 by changing wording that prohibits discrimination
based on sexual orientation and gender identity.
The Presidential Memorandum of October 5, 2016 (Promoting Diversity and
Inclusion in the National Security Workforce)
The goal of this memorandum, signed by Obama, was "to provide guidance to
the national security workforce in order to strengthen the talent and
diversity of their respective organizations."
Executive Order 11246 of September 24, 1965 (Equal Employment Opportunity)
This executive order that has been in place since it was signed by
President Lyndon B. Johnson in 1965 as part of the Civil Rights Act of
1964. It specifies non-discriminatory practices and affirmative action in
the hiring process and employment of U.S. government contractors. It
prohibited "federal contractors and federally assisted construction
contractors and subcontractors, who do over $10,000 in Government business
in one year from discriminating in employment decisions on the basis of
race, color, religion, sex, or national origin."
What is the federal government not allowed to do now?
According to Trump's action, the Office of Federal Contract Compliance
Programs within the Department of Labor must immediately stop, among other
things:
promoting "diversity";
holding federal contractors and subcontractors responsible for taking
"affirmative action" and allowing/encouraging them to "to engage in
workforce balancing based on race, color, sex, sexual preference, religion,
or national origin"
Additionally, Trump's presidential action calls for, among other things,
that all federal agency heads to include in every contract or grant award:
require counterparties or recipients to certify it is not promoting
DEI.
What about the private sector?
Trump's presidential action encourages the private sector to end DEI
programs/participation.
In the weeks leading up to Trumps return to power, major corporations,
such as Meta, McDonalds and Walmart, have announced they are ending some
or all of their diversity practices.
What is the Equal Employment Opportunity Act mentioned in Trump's
presidential action?
The Equal Employment Opportunity Commission was created by Title VII of the
Civil Rights Act of 1964. Its goal has been built on by various pieces of
legislation: laws, amendments and executive orders.
THE EEOC enforces federal workplace equal employment opportunity laws that
prohibited discrimination based on age, sex, pregnancy status, race,
religion, or origin.
Among the many pieces of legislation that makes up the EEOC is Executive
Order 11246, signed by President Lyndon B. Johnson in 1965, which calls for
nondiscrimination and affirmative action requirements as a condition of
doing business with the federal government. Something that Trump, as
previously mentioned, has ordered to stop immediately.
The Equal Employment Opportunity Act of 1972 strengthened protections
against employment discrimination, allowing the EEOC to enforce the law by
taking action against those (whether individuals, employers or unions) for
violating the law. It also required places of work to make reasonable
accommodations for employees to practice their religions.