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Federal agencies provide guidance on ‘illegal’ DEI

March 2025 federal employment law insider
Authors: 

 the editors of FELI

Federal contractors, private companies, and higher education institutions have struggled in recent weeks to understand what will be considered “illegal” diversity, equity, and inclusion (DEI) efforts by the Trump administration because the president’s initial Executive Orders (EOs) on the subject provided no guidance. A recent memo from the acting director of the Office of Personnel Management (OPM) finally offers some clarification.

OPM issues memo on DEI

Titled “Further Guidance Regarding Ending DEIA Offices, Programs and Initiatives,” the OPM memo states that it is providing additional guidance regarding the president’s EOs, including EO 14153 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”), EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), and EO 14148 (“Initial Rescissions of Harmful Executive Orders and Actions”).

Although the OPM memo is directed to the heads of federal agencies, it does provide helpful guidance:

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