Ending Illegal Discrimination and Restoring Merit-Based Opportunity
Executive Order 14173, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, directs the federal government to terminate DEI (diversity, equity, inclusion) and DEIA (diversity, equity, inclusion, and accessibility) preferences and related policies across federal agencies, contracting, and financial assistance. It revokes several prior executive actions that promoted DEI and shifts federal contracting and procurement toward ensuring compliance with civil-rights laws based on merit and individual qualifications. The order also creates a planning and enforcement framework aimed at discouraging DEI practices in the private sector, asks the Attorney General to deliver a detailed enforcement plan within 120 days, and requires guidance to schools and higher education institutions regarding compliance with a landmark Harvard v. Harvard ruling. It sets specific timelines (notably 90 days to wind down older DEI frameworks and 120 days for enforcement and guidance actions) and preserves certain exceptions (e.g., veterans’ preferences and First Amendment rights). The overall aim is to restore merit-based opportunity and reduce or eliminate race- or sex-based preferences in federal policy and its programs.
Key Points
- 1End DEI/DEIA policies in the Federal Government and contracting
- 2- Revokes major DEI-related executive orders and guidance; directs termination of discriminatory and illegal preferences in government actions and in private-sector engagements that involve federal funds or contracts; allows a transition period during which the pre-existing regulatory framework remains in effect for 90 days.
- 3Reforms to federal contracting and workforce actions
- 4- The 11246 framework is revoked; OFCCP is to stop promoting diversity and enforcing affirmative-action mandates; contracts must include terms showing compliance with anti-discrimination laws and certify that DEI programs violating civil-rights laws are not operated.
- 5- Requires agencies to ensure compliance with civil-rights laws in all contracts and grants, and to remove or excise DEI terminology from acquisition and funding procedures.
- 6Federal guidance and strategic enforcement
- 7- The Director of the OMB, with help from the Attorney General, will review and revise government-wide processes and guidance to remove DEI references, streamline procedures, and terminate diversity- and equity-oriented mandates as appropriate.
- 8Private-sector accountability and reporting
- 9- The Attorney General, within 120 days, must deliver a report with recommendations to enforce civil-rights laws and deter DEI programs in the private sector, including a strategic enforcement plan identifying sectors of concern, high-priority targets, and up to nine potential civil-compliance investigations of large corporations, foundations, and higher-education institutions.
- 10Education and litigation guidance
- 11- Within 120 days, the Attorney General and the Secretary of Education must issue guidance to state and local educational agencies receiving federal funds and to higher education institutions participating in federal student aid or grants, addressing measures required by Students for Fair Admissions v. Harvard College (2023) to ensure compliance with civil-rights laws in admissions and related practices.