"Dad, did Trump just get rid of workplace discrimination laws?" That's the question my daughter asked me yesterday.
She was referring to his Executive Order entitled, Ending Illegal Discrimination and Restoring Merit Based Opportunity.
To answer Norah's question, no, that EO did not get rid of workplace discrimination laws. Instead, it dismantled federal Diversity, Equity, and Inclusion programs and placed all federal DEI employees on unpaid leave. It also rescinded Executive Order 11246, originally signed by President Lyndon Johnson in 1965, which prohibited federal contractors from discriminating based on race, color, religion, sex, or national origin, and further removing their affirmative action obligations in that regard.
"Longstanding Federal civil-rights laws protect individual Americans from discrimination based on race, color, religion, sex, or national origin. These civil-rights protections serve as a bedrock supporting equality of opportunity for all Americans. As President, I have a solemn duty to ensure that these laws are enforced for the benefit of all Americans. Yet today, critical and influential institutions of American society … have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences.… [T]hey also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system. Hardworking Americans who deserve a shot at the American Dream should not be stigmatized, demeaned, or shut out of opportunities because of their race or sex."
Trump used that policy statement to justify his dismantling of DEI and affirmative action at the federal level. Would anyone be surprised if he also used it to push for the repeal of Title VII? I certainly wouldn't.
The dismantling of DEI programs and the rescission of affirmative action obligations is a clear signal of the direction workplace policies could take under this administration. While Title VII remains intact for now, the rhetoric behind these moves suggests a broader agenda that could challenge long-standing workplace protections. As employers, we must stay vigilant, informed, and ready to advocate for equality and fairness in the workplace, no matter what this administration says or does.