Former President Donald Trump makes a decisive move against affirmative action policies in federal contracting.
According to The Daily Wire, Trump rescinded a 1965 executive order that mandated affirmative action programs for federal government contractors, marking a significant shift in federal employment policy.
The executive order, originally signed by President Lyndon B. Johnson, has been a cornerstone of federal contracting policy for nearly six decades. Trump's decision to rescind Executive Order 11246 comes as part of his broader initiative to eliminate diversity, equity, and inclusion (DEI) programs throughout the federal government.
The move follows the Supreme Court's landmark 2023 decision that deemed affirmative action policies at Harvard University and the University of North Carolina unlawful. Harvard was found to have violated Title VI of the Civil Rights Act, while UNC's policies were determined to breach the Equal Protection Clause of the 14th Amendment.
Trump's executive order targets practices he views as discriminatory. In the order, he emphasized the harmful effects of what he described as illegal and damaging forms of discrimination. He argued that these practices have placed greater importance on individuals' inherent characteristics rather than their abilities and skills.
The National Review provided legal context for the decision, explaining that the Department of Labor's Office of Federal Contracting Compliance Programs' requirements for contractors faced significant legal challenges. Their analysis highlighted that statistical disparities alone cannot justify racial classifications in hiring practices.
The implementation of the new executive order has immediate implications for federal employees. Trump's administration has directed all DEI officials to take paid leave by the end of Wednesday's business day, creating uncertainty about their future roles.
Federal contractors have been granted a 90-day transition period to adjust their practices and comply with the new requirements. This grace period aims to minimize disruption while organizations adapt their hiring and employment procedures.
Legal experts have long questioned the continued necessity of affirmative action programs. The National Review pointed out:
It is wrong as a matter of law and policy for DOL's Office of Federal Contracting Compliance Programs to require covered federal contractors to set goals and timetables whenever they have a certain degree of 'underrepresentation' among minorities and women. The regulations' present approach is at odds with the current case law.
The executive order represents Trump's latest effort to reshape federal employment practices. Through this action, he aims to shift focus from demographic considerations to merit-based hiring decisions across government operations.
In practical terms, the order affects thousands of companies doing business with the federal government. These organizations must now reconsider their hiring practices and compliance procedures to align with the new requirements.
The move builds upon previous legal precedents, including the Civil Rights Act of 1964, which already prohibits discrimination throughout the United States. Critics of affirmative action argue that its original justification for addressing past discrimination no longer applies in today's context.
Trump's decision to rescind the 1965 executive order marks a significant departure from long-standing federal contractor requirements regarding affirmative action programs. The move aligns with the Supreme Court's 2023 ruling against affirmative action in higher education and forms part of a broader initiative to eliminate DEI programs throughout the federal government. Federal contractors now have 90 days to adjust their practices, while DEI officials across government agencies face immediate placement on paid leave, suggesting substantial changes in federal employment practices lie ahead.
