In the last few days since the Presidential Inauguration and initial Executive Orders, we have received emails saying everything from “President Trump has voided Title VII” to asking whether “all equal employment laws have been invalidated.”
President Trump has not voided Title VII, nor have “all equal employment laws been invalidated.”
The new Executive Order 14145 signed by President Trump on January 20, 2025, among other things, revokes a previous Executive Order that created the most common affirmative action obligations for employers who qualify as covered federal contractors or subcontractors.
What this means for HR is:
If your Company has an affirmative action plan as a current federal contractor or subcontractor, you cannot continue to use it as a basis for making hiring decisions (except as it relates to veterans or individuals with disabilities – affirmative action obligations of that nature are not affected by the new Executive Order). Whether it would be premature to completely throw the plan out is not clear at this point. For now, we would recommend putting a memo in it stating that “Pursuant to Executive Order 14145, this plan is being suspended effective January 20, 2025.” (There is a 90-day grace period in the Executive Order to allow federal contractors to comply with the Order.)
So, obviously, STAY TUNED! As based on the first day of the second Trump Administration, it is anticipated that this development will be joined by others!
