Trump Nukes 60 Years Of Anti-discrimination Rules For Federal Contractors

US federal government contractors are no longer subject to anti-discrimination rules over hiring, training, and employment – after President Trump reached back 60 years to scrap an equal opportunity order signed by former President Lyndon B. Johnson.

In an executive order published today, Trump rescinded several prior executive orders linked to promoting diversity in the federal government and government contractor workforce, with EO 11246, signed in September 1965, the most longstanding order to be scrapped.

Johnson's Equal Employment Opportunity EO prohibited any federal contractor and federally assisted construction contractor/subcontractor doing more than $10,000 in business with the US government from discriminating against employees or applicants on the basis of race, color, religion, national origin, or sex. Sexual orientation and gender identity were added by President Barack Obama with EO 13672 in 2014. The latter EO was also plowed under in Trump's action.

The US Department of Labor's Office of Federal Contract Compliance Programs, which was tasked with keeping an eye on equal opportunities, was ordered to immediately cease "promoting diversity."

President Trump indicated he hopes his orders will return Uncle Sam to "merit-based" hiring. El Reg has long thought that equal opportunity pushes were supposed to be entirely about merit, and thus not a bad idea overall, as it means the right person, the best skilled, for the job is hired regardless of their gender or race or background. Entirely merit-based. Along the way, through miscommunication and misguided implementations, diversity became a controversy, and so here we are.

Curl up and DEI

This latest action goes further than tackling diversity. In addition to protecting workers and applicants from discriminatory hiring practices, the now-toast EO 11246 also prohibited federal contractors from firing or otherwise taking action against employees who have "inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant."

Thus, talking about pay at work can now get you fired with no consequences.

Along with the elimination of Johnson's EO and Obama's amendment, Trump also eliminated Obama's EO 13583, which established a diversity and inclusion initiative for the federal workforce and Bill Clinton's EO 12898 [PDF], which directed federal agencies to focus attention on environmental justice in minority and low-income populations.

"Sixty years after the passage of the Civil Rights Act of 1964, critical and influential institutions of American society … have adopted and actively use dangerous, demeaning, and immoral race- and sex-based preferences … that can violate the civil-rights laws of this Nation," Trump said in his EO. "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."

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In addition to the actions taken in that executive order, Trump issued a second order banning diversity, equality, and inclusion (DEI) initiatives at the Federal Aviation Administration specifically. Trump said that the Biden administration "sought to specifically recruit and hire individuals with serious infirmities that could impact the execution of their essential life-saving duties" in an executive order published yesterday, and ordered the FAA to "return to non-discriminatory, merit-based hiring."

And all US government staff with DEI roles were put on administrative leave on Wednesday, their offices and programs shut down.

In addition, Trump ordered the Secretary of Transportation to review the performance of all individuals in critical safety positions and replace any that have "failed to demonstrate requisite capability." ®

PS: The White House has apparently told federal health agencies to hold off sharing publicly their scientific reports, health advisories, website updates, and other external communications for now.