On January 21, 2025, President Donald Trump issued the executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This order has fundamentally altered federal contractor compliance obligations by revoking numerous executive orders that previously mandated diversity, equity, and inclusion (DEI) programs. The order eliminates the role of the Office of Federal Contract Compliance Programs (OFCCP) in enforcing affirmative action obligations and shifts enforcement of non-discrimination requirements to traditional civil rights laws.

Trump’s executive order styles itself as preserving and defending the nation’s civil rights laws. It explicitly states: "In accordance with Executive Order 13279 of December 12, 2002 (Equal Protection of the Laws for Faith-Based and Community Organizations), the employment, procurement, and contracting practices of Federal contractors and subcontractors shall not consider race, color, sex, sexual preference, religion, or national origin in ways that violate the Nation’s civil rights laws." Yet many critics argue that the order an effort to rollback important DEI initiatives under the guise of equal protection.

From a practical perspective for federal contractors, many important legal protections remain intact under Title VII of the Civil Rights Act of 1964 and the Virginia Human Rights Act. The enforcement mechanisms are fewer, but employees still retain the ability to seek meaningful recourse through litigation.

Understanding the Executive Order and Its Impact on Federal Contractors

The new executive order revokes several key affirmative action and DEI initiatives, including:

Executive Order 12898 (1994)

  • Signed by President Bill Clinton, this order sought to address environmental justice by ensuring that minority and low-income communities were not disproportionately affected by environmental hazards.
  • Impact: Its revocation removes requirements for agencies to consider environmental justice when implementing policies, potentially reducing protections for disadvantaged communities.

Executive Order 13583 (2011)

  • Established by President Barack Obama, this order created a government-wide initiative to promote diversity and inclusion in the federal workforce by ensuring hiring and promotion practices reflected the country’s diversity.
  • Impact: The end of this initiative means that federal agencies are no longer required to take proactive steps toward increasing diversity in hiring and leadership positions.

Executive Order 13672 (2014)

  • Another Obama-era order, this expanded protections against workplace discrimination to include sexual orientation and gender identity, ensuring that federal contractors did not discriminate against LGBTQ+ employees.
  • Impact: Revoking this order removes specific workplace protections for LGBTQ+ employees within federal contracting, raising concerns about potential discrimination.

Presidential Memorandum (2016)

  • This directive focused on promoting diversity and inclusion within the national security workforce, ensuring agencies like the Department of Defense and intelligence agencies took steps to diversify their personnel.
  • Impact: Eliminating this memorandum reduces the emphasis on diversity within critical national security positions, potentially affecting hiring and retention efforts.

Executive Order 11246 (1965)

  • Signed by President Lyndon B. Johnson, this order required federal contractors to follow equal employment opportunity and affirmative action policies to prevent workplace discrimination.
  • Impact: The removal of this executive order significantly diminishes oversight of federal contractors’ hiring and promotion practices, shifting enforcement to individual legal claims rather than systemic audits.

Executive Order 13279 and Its Continued Effect

Unlike the orders mentioned above, Executive Order 13279 (2002)—which provides equal protection of laws for faith-based and community organizations—remains in effect. By keeping this order while revoking others, the Trump administration has preserved certain exemptions for faith-based organizations while stripping DEI protections for other federal contractors. The continued effect of EO 13279 means that faith-based contractors may still be able to assert religious exemptions in hiring and employment decisions, even as broader affirmative action mandates are dismantled. This selective retention could create tension in enforcement and litigation, particularly if faith-based organizations are given greater leeway while secular contractors must adhere to the new limitations. Employees in Virginia should be aware that while general affirmative action protections are weakened, faith-based organizations may still operate under different rules, potentially affecting workplace rights and litigation strategies.

42 U.S.C. § 2000e-17: Protections for Contractors with Accepted Affirmative Action Plans

One key statutory provision that remains intact despite the executive order is 42 U.S.C. § 2000e-17, which was added by the Equal Employment Opportunity Act of 1972. This section governs the procedure for denying, withholding, terminating, or suspending a government contract due to equal employment opportunity violations. Under this statute:

  • If a federal contractor has had an affirmative action plan accepted by the government within the last 12 months, the government cannot take adverse action against that contractor based on the nation's EEO laws or orders without first holding a full hearing and adjudication.
  • The provision protects employers who comply with prior affirmative action plans unless they have deviated significantly from the agreed terms.
  • OFCCP was historically responsible for overseeing compliance with such plans, but its authority has now been curtailed.

This statute raises important questions about whether this provision will make it difficult for the Trump administration to cancel contracts based on DEI initiatives. While the executive order frames itself as enforcing civil rights laws, the continued effect of 42 U.S.C. § 2000e-17 could limit the administration’s ability to terminate contracts where affirmative action plans have been accepted by the prior administration. Federal contractors may be able to rely on this statutory protection to challenge contract cancellations, potentially leading to legal disputes over the extent to which the administration can enforce its new policies without conflicting with existing legal safeguards.

Loss of OFCCP Complaint Mechanism

One of the most significant changes for federal contractor employees is that they can no longer file discrimination complaints with the OFCCP. Previously, OFCCP provided a mechanism for employees to report discrimination or systemic hiring biases within federal contracting organizations. With the elimination of OFCCP’s enforcement role, employees must now rely on filing complaints with the Equal Employment Opportunity Commission (EEOC) or pursuing legal claims directly in court.

This shift increases the burden on employees who may have relied on OFCCP investigations and compliance reviews to address workplace discrimination. Now, instead of an agency actively auditing federal contractors for compliance, affected Virginia employees will need to seek relief through the EEOC and the Virginia Attorney General's Office of Civil Rights.

Civil Litigation and the Availability of Jury Trials Matters More than Ever

With the elimination of administrative oversight from the OFCCP, many employees who might rely on agency enforcement must now turn to the courts for redress. This development highlights the importance of jury trials in employment discrimination cases.

  • Title VII and the Virginia Human Rights Act guarantee employees the right to seek relief in court, where claims of discrimination can be heard by juries.
  • Unlike administrative agencies that may be influenced by shifting political priorities, juries are composed of peers who evaluate the evidence and determine whether unlawful discrimination occurred.
  • Employees who successfully prove discrimination in court may be entitled to reinstatement, back pay, compensatory damages, and attorney’s fees.

Moving Forward: Protecting Your Rights in the Changing Landscape

For federal contractor employees in Northern Virginia, the elimination of affirmative action obligations does not mean the end of equal opportunity protections. Instead, employees must now be more proactive in asserting their rights under Title VII, the Virginia Human Rights Act, and other state anti-discrimination laws. Here are some key steps employees can take:

  1. Know Your Rights: Employees should familiarize themselves with federal and state employment discrimination laws.
  2. Document Workplace Discrimination: Keeping detailed records of discriminatory treatment, performance evaluations, and communications with HR can strengthen legal claims.
  3. File EEOC Complaints Promptly: Title VII requires that discrimination claims be filed with the EEOC within 180 days of the alleged discriminatory act (or 300 days in states with additional protections, like Virginia).
  4. Seek Legal Counsel: Given the shift toward court-based enforcement, consulting with an experienced employment attorney can help employees navigate their legal options.

Conclusion

While the new executive order has upended long-standing affirmative action requirements for federal contractors, employees of Virginia contractors still have strong legal protections under Title VII, the Virginia Human Rights Act, and 42 U.S.C. § 2000e-17. The elimination of administrative enforcement makes jury trials and court proceedings more critical than ever in addressing workplace discrimination.

For federal contractor employees in Northern Virginia, understanding these changes and taking proactive legal steps is essential in safeguarding workplace rights. If you believe you have experienced discrimination, now is the time to explore your legal options and ensure that the promise of equal opportunity remains a reality. And if you believe you are facing illegal discrimination, contact us today for help.