Divya Nimmagadda is a student at Harvard Law School.
In the post-transition flood of executive orders and actions, one effort in particular takes special aim at diversity and inclusion measures with the federal workforce.
As part of a larger executive action and order aimed at dismantling DEI programming, President Trump rolled back the Equal Employment Act of 1965. The Act, in the form of an executive order (Executive Order 11246), was originally put in place by President Johnson in the midst of the Civil Rights Movement and the year after the passage of the Civil Rights Act of 1974. It instituted affirmative action programming within the federal workplace and “prohibit[ed] federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin.” Within the same action, Trump revoked another 2011 executive order that “Establish[ed] a Coordinated Government-wide Initiative to Promote Diversity and Inclusion in the Federal Workforce” and, in a forward-looking measure, is requiring the head of each agency to include in any government contract or grant “[a] term requiring such counterparty or recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” Based on Trump’s directive, the Office of Personnel Management issued a memo ordering all DEI employees to be placed on administrative leave by Wednesday of next week.
We are already beginning to see the effects of the administration’s effort to limit the federal DEI infrastructure. A CIA spokesperson stated that the agency had gotten rid of its office for diversity and inclusion. The Agriculture, Treasury and Labor Departments had each taken down some webpages on diversity measures by yesterday morning.
Relatedly, yesterday, the administration sent out a message to federal employees warning them that they may face “adverse consequences” if they attempted to hide efforts by fellow colleagues or supervisors to defy the above order to end all DEI programs. Employees were given ten days to report such efforts to “disguise these programs by using coded or imprecise language.”
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January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.
January 22
Hyundai’s labor union warns against the introduction of humanoid robots; Oregon and California trades unions take different paths to advocate for union jobs.