Trump revokes EO 11246, ends affirmative action requirements for federal contractors

March 2025 employment law letter

Authors:

Molly J. Gunnels, Amiel J. Provosty, Robert F. Spencer, and Martin J. Regimbal, The Kullman Firm

On January 21, 2025, President Donald Trump issued an Executive Order (EO) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Consisting of eight sections, it takes the position that diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) are “dangerous, demeaning, and immoral race- and sex-based preferences.” Section 2 instructs all executive departments and agencies to terminate “all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” It also instructs all agencies to combat “illegal private-sector DEI preferences, mandates, policies, programs, and activities.” It appears it is intended to curtail or end federal affirmative action.

Revokes several existing EOs

In Section 3, the order revokes four existing EOs and a presidential memorandum:

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