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DEI Executive Orders

Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

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Inclusion and diversity are essential for creating thriving workplaces and communities. These principles drive innovation, foster collaboration, and ensure every individual feels valued and empowered.

With the recent Executive Orders (EOs) issued by President Trump, the landscape of DE&I is drastically shifting. As your trusted partner, SHRM is here to help you navigate these changes and ensure your workplace continues to promote opportunity, success, and compliance.

These EOs represent a critical shift in workplace policies. While they call for the elimination of “illegal” and “discriminatory” programs, they also emphasize the importance of legal, inclusive practices that benefit all employees.

The Executive Orders

President Trump has taken decisive action consistent with his campaign platform, issuing two Executive Orders that directly impact DE&I: 


PRIVATE SECTOR

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

This order revokes several prior directives, including Executive Order 11246, which had mandated affirmative action for federal contractors. The new directive prohibits the use of race, sex, or other identity-based criteria in federal hiring and contracting, aiming to eliminate diversity, equity, and inclusion (DEI) programs within federal agencies and among contractors. It also directs federal agencies to enforce existing civil rights laws and to combat private-sector DEI practices deemed discriminatory.

Read Full Executive Order

GOVERNMENT

Ending Radical and Wasteful Government DEI Programs and Preferencing

This directive mandates the elimination of all Diversity, Equity, Inclusion, and Accessibility (DEIA) programs across federal agencies, including the termination of related offices, positions, and initiatives such as "Chief Diversity Officers," "Equity Action Plans," and "environmental justice" offices. The order emphasizes a shift towards merit-based employment practices, instructing agencies to prioritize individual initiative and performance over identity-based considerations in hiring, training, and evaluations.​

Read Full Executive Order

Our Commitment to You

SHRM is your partner through these changes and other forthcoming EOs, offering the resources, expertise, and advocacy you need to create a workplace that complies with the law while promoting opportunities for all.

Private Sector

What does this mean for private sector employers and what do they need to do now?

  • Organizations should avoid reactive measures that may result in rushed or incomplete policy changes. Instead, focus on proactive compliance strategies that align with the letter of the law while supporting a workplace culture of fairness, inclusion and respect. 

  • Inclusion and diversity (I&D) initiatives must be evaluated to ensure they provide equal access to opportunities, skills development, and merit-based advancement, avoiding any perception of identity-based favoritism.

  • Training programs should be reviewed to determine whether they foster inclusivity through team collaboration, unconscious bias education, and leadership development without appearing to enforce quotas or preferential treatment. 

  • The EO signals a shift toward a stricter interpretation of Title VII, emphasizing the prohibition of discrimination based on protected characteristics without considering the intent behind the practices. 

  • Employers should revisit hiring, promotion, and training programs to ensure they do not inadvertently use protected characteristics as the basis for preferential treatment. 

  • Legal teams and HR should collaborate to evaluate whether any practices could be perceived as non-compliant in light of the Administration’s recent orders and policy statements.  

  • Federal directives are now explicitly aimed at identifying and curbing DEI programs that could be interpreted as discriminatory or preferential. 

  • Companies should conduct internal audits of all EEO initiatives, including express equity and DEI initiatives to assess compliance and make adjustments where necessary, ensuring that all programs promote equal employment opportunity for all and merit-based practices.  Such audits should be conducted under advice of counsel.

  • Agencies like the EEOC, DOL, and OFCCP are likely to adopt stricter scrutiny of I&D practices, which may result in increased audits or enforcement actions. 

  • Employers should prepare for potential inquiries by maintaining detailed documentation of employment practices, compliance efforts, and the rationale behind I&D initiatives. 

  • CEOs and executive teams must proactively communicate organizational shifts to employees and stakeholders, emphasizing a commitment to both legal compliance and workplace equity and inclusion. 

  • Senior leaders should establish cross-functional task forces to oversee policy reviews, ensure alignment with the EO, and guide strategic decision-making. 

  • Review existing I&D policies, employee training modules, and workplace practices to identify any areas of potential conflict with the EO. 

  • Update training content to reflect the new compliance landscape, focusing on legal obligations and fostering inclusive behaviors within the bounds of the law. 

  • Reevaluate long-term goals for workforce I&D, ensuring alignment with the current legal environment while maintaining organizational values. 

  • Develop transparent metrics for tracking progress on I&D efforts without relying on identity-based benchmarks that could invite scrutiny. 


Government

Impact of DEI EOs on federal employers

  • All contractors providing services to advance DEI initiatives/programs are terminated.
  • The Executive Order, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, officially rescinded Executive Order 11246 (1965) – ending federal contractor affirmative action requirements.
  • The Office of Federal Contract Compliance Programs' mission shifts from promoting diversity to enforcing against DEI programs deemed discriminatory.
    • This means they can no longer promote “diversity,” hold contractors and subcontractors responsible for “affirmative action,” and they cannot allow for balancing on the basis of race, color, sex, sexual preference, religion or national origin.
    • All new federal contracts and grants must include certifications that recipients do not operate DEI programs that violate federal anti-discrimination laws.
  • Impact extends to all grant recipients – including healthcare, research institutions, and educational institutions receiving federal funds.
Need guidance with the new Administration changes?

Ask a SHRM Knowledge Advisor

Ask an Advisor
Webinar thumbnail
Can Merit Replace Mandate? What the New EO Means for HR Compliance, Equity & Risk

With the signing of Executive Order 14173: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” a sweeping rollback of DEI mandates and disparate-impact enforcement is underway. 

Register Now
Federal Workers, We’re Here to Help: Your Next Career Awaits!

Your career story doesn’t stop here. Whether you’ve been furloughed, laid off, or you’re ready to explore new opportunities, SHRM is committed to mentoring and guiding you through your next career move. 

Read More

Member Tools

Toolkit: Implementing SHRM's BEAM Framework for Inclusion

This toolkit provides HR professionals with a structured guide to implement SHRM’s Belonging Enhanced by Access through Merit (BEAM) Framework effectively, ensuring compliance with executive orders while fostering genuine inclusion and belonging in the workplace.

Read More
Podcast: Balancing Diversity, Inclusion, and Compliance, with Alex Alonso

In this episode, we discuss the latest news on DE&I policies—including the February 5 DOJ memo—and share tips for HR leaders on how to balance keeping your company practices inclusive while remaining legally compliant with the executive orders.

Listen Now
Toolkit: Introduction to the Human Resources Discipline of Inclusion and Diversity

The diversity function deals with the qualities, experiences, and work styles that make individuals unique (e.g., age, race, religion, disabilities, ethnicity) as well as how organizations can leverage those qualities in support of business objectives.

Read More

News & Updates

Judge Blocks Enforcement of DEI Orders as Applied to Companies

A federal district judge in Maryland preliminarily blocked several challenged provisions of President Donald Trump’s executive orders (EOs) on diversity, equity, and inclusion (DEI), including enforcement of provisions applying to private companies.

Read More
What the DEI Executive Orders Mean for Employee Resource Groups

Some employers are concerned about the legality of employee resource groups (ERGs) in light of the diversity, equity, and inclusion (DEI) executive orders passed last week by President Donald Trump.

Read More
Reassessing Inclusive Hiring: Access Over Identity in Talent Recruitment

President Donald Trump’s executive orders DEI in the workplace have jump-started discussions about when inclusion and diversity (I&D) strategies are merely performative versus when they produce tangible results.

Read More
Redefining Merit: Steps to Build a More Inclusive Workforce

College degrees from highly ranked universities, tenure at prestigious companies, work histories free from resume gaps—these have long been prized measures of evaluating job candidates.

Read More

Webinars

ON DEMAND
Navigating Title VII Compliance Amid Recent DEI Policy Changes

Access Now

ON DEMAND
Diving Deeper Into Affirmative Action and Federal Contractor Compliance: Key Insights & Critical Actions

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ON DEMAND
Gender & Inclusion: Navigating New DEI Executive Orders

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ON DEMAND
What to Expect from a Trump Administration and a Narrowly Divided Congress

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Resources and Peer Collaboration

SHRM Connect - A 24/7 platform where you can collaborate with HR peers, share insights, and find practical solutions. Stay tuned for live webinars to be announced shortly.

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