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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July 22
EDNY strikes down state labor board law; D.C. Circuit applies Loper Bright to NLRB; Joint employer bill reaches the House floor.
July 21
Fifth Circuit transfers an Anheuser-Busch NLRB case to the Eleventh Circuit; a new report makes the case for tripling union membership.
July 20
New York City weighs banning horse carriages despite union opposition; public defenders go on strike; cinema workers stage walkout.
July 17
Canadian wildfires endanger rail workers; 26 Meta employees allege targeted layoffs for those on paid leave; FIFPRO pushes for more rigorous heat protections for players.
July 16
Trump's NLRB nominee set for Senate vote, federal district court grants partial win on WARN Act claims, Brigham and Women's nurses return to work.
July 15
U.S. labor productivity climbs at its fastest pace in decades; a federal judge grants a preliminary injunction to anti-abortion groups challenging Michigan’s civil rights law; and Jackson, Mississippi’s bus workers walk off the job.