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Legal & Compliance
Matej Mesar
Senior Copywriter
Published
2025-05-06
Reading time
8 min
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On January 21st, 2025, President Trump signed into effect Executive Order 14137. And with a title like “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” it’s not hard to see why this DEI executive order has been so polarizing.
But we’re not here to discuss politics. The fact of the matter is that as U.S.-based employers and employees, you’ve been handed a difficult situation. And we’re here to help you handle it with grace. Here’s what you can expect from this article:
Generally speaking, executive orders are written, signed, and published directives by the current head of the United States, that manage the operations of the federal government and its agencies. Remember that last part, it’s going to be important.
Executive Order 14137 targets and cuts back on federal DEIA programs. As we’ll discuss in detail, it updated and removed several past directives from the Biden Era and beyond that were meant to lift up underrepresented minority groups in the workplace.
What Is DEI?
DEI is an acronym for Diversity, Equity, and Inclusion. DEIA is an alternative, where the “A” stands for Access to equal opportunities. DEI in the workplace is a framework that seeks to promote representation and fair treatment of all individuals equally.
This controversial decision comes on the back of President Trump’s claims that these initiatives prioritized aspects of the job-seekers’ identity over their actual merit and resulted in less diverse, better-qualified Americans being overlooked in hiring.
It’s also important to note that this is just the latest of the anti-DEI executive orders, but not the only one. For the full context, please consider the following documents:
Executive Order | Description |
Initial Recissions of Harmful Executive Orders and Actions | Revoked 78 executive orders from the Biden administration that focused on issues regarding racial equity, discrimination, public health, climate change, etc. |
Ending Radical and Wasteful Government DEI Programs and Preferencing | Demands the termination of all “illegal DEI” mandates, policies, and programs. Instructs federal agencies to cancel all DEI-related grants, contracts, and requirements for government employees, contractors, and grantees. |
Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government | Defines “sex” as an unchangeable aspect of a person’s identity, recognizing people only as either male or female. Restricts transgender, non-binary, and inter-sex individuals from receiving certain protections via their exclusion. Directs federal agencies to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes. |
Like other presidential mandates of its kind, this latest DEI executive order consists of several stand-alone points. To help make sense of it all, here’s a quick overview of its most important provisions, as well as details on the revoked policies. This includes:
Directive/Policy | Description | Action | Change Details |
Executive Order 11246 (1965) | Prohibited discrimination by federal contractors and required affirmative action. | Revoked | Eliminated affirmative action requirements for federal contractors, including obligations related to race, color, religion, sex, sexual orientation, gender identity, or national origin. |
Executive Order 12898 (1994) | Addressed environmental justice in minority and low-income populations. | Revoked | Terminated federal efforts focusing on environmental justice for specific demographic groups. |
Executive Order 13583 (2011) | Promoted diversity and inclusion in the federal workforce. | Revoked | Disbanded coordinated government-wide diversity and inclusion initiatives within federal agencies. |
Executive Order 13672 (2014) | Amended previous orders to include sexual orientation and gender identity in non-discrimination policies. | Revoked | Removed protections against discrimination based on sexual orientation and gender identity in federal employment. |
Presidential Memorandum (2016) | Promoted diversity and inclusion in the national security workforce. | Revoked | Ceased efforts to enhance diversity within national security-related federal positions. |
Federal Acquisition Regulation (FAR) Clauses | Included provisions enforcing equal employment opportunity and affirmative action. | Revoked/Reserved | Rendered unenforceable several FAR clauses related to equal opportunity and affirmative action in federal contracting. |
As we mentioned, Executive Order 14137 primarily focuses on US federal agencies, their contractors, and subcontractors. So, if you’re none of those things, we’ve got good news! The new mandates may not affect your company at all. However…
This directive also puts businesses, non-profits, and educational institutions that received DEI grants under more scrutiny. Biden’s administration reportedly spent $1bn on affirmative action across numerous entities, and as such, this may concern you.
So, what could be the Trump DEI executive order impact for your company?
There are many reasons that led businesses to adopt affirmative action programs. The financial incentives were one thing, but diversified companies also outperform their less inclusive competitors 35% of the time and are 70% more likely to capture new markets.
However, that’s not what employees care about. DEI initiatives help foster safer workplaces where everyone can thrive, rather than just survive. Naturally, this makes employees happier, which in turn creates more productive teams with lower churn rates.
So, how does the impact of the DEI executive order your employees?
We’ll discuss what you can do to improve your organization in spite of Executive Order 14137 soon. But first, let’s say you’re happy enough to just adapt to and comply with these new anti-discrimination laws. Here’s what you should do (ASAP):
Now, given the current policies of Trump’s administration, where are you supposed to look for safeguards to protect the interests of both your company and employees? Well, as it turns out, only one place to look in the absence of responsible 3rd parties. Inward.
Businesses operating within the U.S. are already legally obliged to allow and even encourage whistleblowing by guaranteeing employees’ safety from any retaliation and giving them sufficient access to tools, through which they can voice their concerns.
But in this legal climate, whistleblowing is much more than a regulatory requirement. It is the best way of discovering misconduct early, addressing issues, increasing satisfaction, preventing churn, and attracting diverse talent. Plain and simple, it is good business.
Unfortunately, since the U.S’s whistleblowing laws only focus on contractors and publicly traded companies, many smaller organizations lack the necessary tools and frameworks to seamlessly switch to an internal DEI system on a moment’s notice.
FaceUp is the All-in-One Platform for Whistleblowing and Employee Engagement. So, suffice it to say that staff safety and satisfaction are both in our blood and company DNA. And here’s how we can help you create a better working/learning environment:
“That’s great, but how does that help?” I’m so happy you asked, hypothetical reader. FaceUp’s flexibility as a platform, combined with our 3,000+ integrations lets you keep whistleblowing in the public eye while avoiding any personally-identifiable data.
This kills reluctance and stops staff from forgetting that they have an open channel to you whenever they need it. Furthermore, with pulse surveys, you can actively seek out feedback, rather than just waiting, hoping, and reacting, when it may already be too late.
Laws change. But the human need for safety and a sense of belonging do not. In the current political climate, you have a shared responsibility in ensuring that everyone gets a fair chance. And in return, you get a happier, loyal, and more productive workforce.
Whistleblowing helps your employees communicate issues you may not see otherwise, protects them from misconduct and microaggressions, and protects you from any potential fraudulent lawsuits. DEI is in your hands. So, handle it with care.
Try our free platform and strengthen the culture of openness in your team.
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