Two executive orders aim to eliminate Diversity, Equity, and Inclusion (DEI) programs and employment preference programs across the federal government. The EO entitled, Ending Radical and Wasteful Government DEI Programs and Preferencing, bans consideration of DEI factors in employment practices, including performance reviews and requires agencies to:

    • Disband DEI offices and positions. (USAID’s Acting Administrator has already announced the cancelation of USAID DEI activities.)
    • Identify and report on past DEI spending and contractors.
    • Assess the impact of past DEI initiatives.
    • Recommend actions to align with the policy of “equal dignity and respect.”
    • Establish a monthly meeting to track progress and identify barriers to implementing the order.

Under the EO entitled, “Ending Illegal Discrimination and Restoring  Merit-Based Opportunity,”  the OFCCP is ordered to immediately stop promoting DEI and encouraging workforce balancing based on race, color, sex, sexual preference, religion or national origin.

Adding teeth to this requirement, the EO also mandates that all federal contracts and grants include a provision requiring contractors to certify that their Diversity, Equity, and Inclusion (DEI) programs do not violate any existing federal anti-discrimination laws. Contractors must certify that compliance with these laws is essential for receiving payment. Failure to comply may violate the False Claims Act. New contractual clauses will likely be issued for new and existing contracts.

Contractors and grantees are already receiving instructions from USAID CO/AOs to cease DEI activities and remove language from their programs in anticipation of award modifications that will remove DEI language. Given the requirements of the EO tied to certification for payment, firms and organizations are encouraged to review their DEI policies and practices to determine if it aligns with existing law.

Read the EO entitled, “Ending Radical and Wasteful Government DEI Programs and Preferencing” here.

Read the EO entitled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” here.

Read an analysis in this post at Crowell.