HR Hotline: Did Trump Revoke Equal Employment Opportunity Laws?

Q: We’ve seen so many confusing articles and social media posts, proclaiming that President Trump has “revoked” anti-discrimination laws. Is this true?

How does his recent executive order regarding employment discrimination impact our business?

A: I have seen the same articles that claim Trump revoked the “Equal Employment Opportunity Act” (there is no such act), or that he voided all anti-discrimination rules. 

This morning, my daughter asked me if I needed to find a new job. Thankfully, my answer to her, and my answer to you, is no. Employment discrimination is still illegal. 

While it’s true Trump revoked a 1965 executive order that prohibited employment discrimination and which required affirmative action, the revoked executive order applied only to federal contractors.

And those same federal contractors are still subject to Title VII’s prohibitions on employment discrimination. 

Local Impact

So how do the president’s actions impact you as a Connecticut employer? 

If you do business with the federal government or receive federal grant funds, your contracts are about to change. 

You will no longer find any mention of affirmative action, as the Office of Federal Contract Compliance Programs will no longer hold contractors responsible for taking affirmative action. 

Instead, you will soon be asked to certify that you “do not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.” Note the latter part of that sentence: DEI policies, in and of themselves, are not prohibited. DEI policies that violate anti-discrimination laws are. 

CBIA’s Feb. 25 Human Resources Conference features in-depth discussions about the Trump administration’s impact on the workplace.

The million dollar question then, is “what kind of DEI policy violates non-discrimination laws?”

This remains to be seen. And this is where Trump’s executive order can impact Connecticut businesses, whether or not they’re federal contractors. 

The executive order requires that, in the next four months, federal agencies must identify, among other things:

• “A plan of specific steps” to deter private sector DEI programs that constitute illegal discrimination or preferences;
• “potential civil compliance investigations” of large public and private employers; and 
• potential litigation that would be appropriate for federal lawsuits. 

This language unquestionably reflects the administration’s interest in challenging DEI programs in the private sector.

What those challenges will look like is unknown. 

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HR problems or issues? Email or call CBIA’s Diane Mokriski at the HR Hotline (860.244.1900) | @HRHotline. The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your specific situation