Did Donald Trump Revoke the Equal Employment Opportunity Act? the 2025 Policy Shifts
The Trump administration’s 2025 executive actions targeting diversity, equity, and inclusion (DEI) programs have sparked confusion about whether the Equal Employment Opportunity Act (EEOA) — a cornerstone of U.S. anti-discrimination law — was revoked. Here’s a fact-driven breakdown of what changed, what remains intact, and the implications for workers and employers.
Clarifying the Legal Landscape: The EEOA vs. Executive Orders
- The Equal Employment Opportunity Act of 1972 (amending Title VII of the Civil Rights Act of 1964) remains federal law. It prohibits employment discrimination based on race, color, religion, sex, or national origin.
- What Was Revoked: On January 21, 2025, President Trump signed Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order revoked Executive Order 11246 (1965), which required federal contractors to implement affirmative action plans to prevent discrimination.
Key Impacts of Revoking Executive Order 11246
For Federal Contractors
- End of Affirmative Action Mandates: Federal contractors (employing ~3.7 million workers) are no longer required to “take affirmative action” in hiring, promotions, or pay equity. This includes eliminating workforce balancing based on race, sex, or other protected traits.
- OFCCP Role Reduced: The Office of Federal Contract Compliance Programs (OFCCP) ceased enforcing diversity goals and monitoring contractor compliance with affirmative action.
Private Employers
- Title VII still prohibits discrimination, but the Trump administration has signaled increased scrutiny of private-sector DEI programs. The EEOC issued guidance labeling some DEI initiatives (e.g., race-based hiring quotas) as potentially illegal.
The Administration’s Rationale
The Trump administration argues that DEI policies and affirmative action violate the principle of “colorblind equality” by prioritizing identity over merit. Key stated goals include:
- Ending “reverse discrimination” against non-minority groups.
- Streamlining federal contracting by removing “burdensome” compliance requirements.
- Aligning with the Supreme Court’s 2023 Students for Fair Admissions decision, which banned race-conscious college admissions.
Critics, including the National Women’s Law Center, warn that revoking EO 11246 weakens enforcement tools and risks “rolling back 60 years of civil rights progress”.
What Remains Protected?
- Title VII: Private and federal employees retain protections against discrimination based on race, sex, religion, etc.
- Veterans and Disabilities: Requirements for contractors to hire veterans and accommodate workers with disabilities remain.
- State/Local Laws: Some states (e.g., California, New York) still mandate affirmative action for state contractors.
Legal and Practical Implications
- Enforcement Shifts: The EEOC, now under Acting Chair Andrea Lucas, has prioritized investigating DEI programs for alleged “reverse discrimination” and rescinded guidance protecting LGBTQ+ workers.
- Contractor Uncertainty: Federal contractors have a 90-day grace period (until April 20, 2025) to adjust to the new rules, but lingering legal challenges may prolong confusion.
- Workforce Backlash: Major corporations like Walmart and Meta have scaled back DEI initiatives amid political pressure, though many retain voluntary diversity goals.
Key Takeaways
- The EEOA was not revoked, but Trump’s order dismantled affirmative action requirements for federal contractors.
- DEI programs in both public and private sectors face heightened legal risks under revised EEOC priorities.
- Workers retain Title VII protections, but enforcement mechanisms have weakened for federal contractors.
For further analysis, refer to White House Executive Order 14173 and EEOC updates.