New Trump Administration Executive Orders and Laws Impacting Workers
Are you a federal employee? Are you wondering what your rights are as a federal employee? Employees who work for the government have rights that are protected by the U.S. Constitution during their employment relationship with the government, such as the right to free speech, right against self-incrimination, and right to due process. Federal employment is also subject to laws and other requirements that govern different aspects of employment, such as hiring protocols, union membership rules, and payment schedules. This page outlines the recent developments related to federal employee, federal contractor, and Diversity, Equity, and Inclusion executive orders and laws, as well as information on what workers can do to protect their rights.
Workplace Fairness Statement: We express our deep concern regarding the recent firings of EEOC Commissioners Jocelyn Samuels and Charlotte Burrows, along with NLRB Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. These dismissals raise significant alarms surrounding the protection of workers, and undermine some of the nation’s most critical agencies for promoting equity, fighting discrimination and ensuring fair labor practices in our country.
The Trump administration is making sweeping changes to Diversity Equity, and Inclusion (DEI) programs by eliminating diversity-focused initiatives in federal agencies, government contracting, and workplace training. The administration frames these changes as a move toward “merit-based opportunity,” but in practice, they weaken protections against discrimination, roll back support for underrepresented workers, and make it harder for federal programs to address systemic inequities.
Update on the Legality of Some Executive Order Provisions : On February 21, a federal district court judge issued a preliminary injunction against several elements of Trump’s executive orders regarding DEI or DEIA. The reach of this preliminary injunction goes beyond the plaintiffs in this suit, encompassing similarly situated federal contractors, grantees of federal funds, and private sector entities. The court highlighted the necessity of preserving the current state of affairs during the litigation and halting the enforcement of the contested provisions.
- Executive Order 14151 § 2(b)(i) (the “Termination Provision”) (Requires termination of all “equity-related” grants or contracts within 60 days)
- Executive Order 14173 § 3(b)(iv) (the “Certification Provision”) (Mandates that federal contracts and grants include terms requiring compliance with federal anti-discrimination laws and certification that no DEI programs violate these laws)
- Executive Order 14173 § 4(b)(iii) (the “Enforcement Threat Provision”) (Directs the attorney general to submit a report with recommendations for enforcing federal civil rights laws and deterring DEI programs that constitute illegal discrimination or preferences)
Overview of DEI-related Executive Orders
- Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity (EO 14173).” Among other things, EO 14173 rescinds affirmative action and nondiscrimination requirements under Executive Order 11246 (which prohibited discrimination by federal contractors and subcontractors), requires federal contractors and grantees to certify that they do not operate any “illegal” DEI programs, and requires the U.S. attorney general to create a strategic enforcement plan identifying specific enforcement targets in the private sector for DEI programs this administration believes violate federal antidiscrimination laws.
- Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (the “EO 14168”), defining “sex” as an “individual’s immutable biological classification as either male or female,” calling for various actions to remove “gender identity” protections across the government and in the private sector, and seeking legislation to overturn the U.S. Supreme Court’s decision in Bostock v. Clayton County, finding gender identity discrimination is prohibited by Title VII of the Civil Rights Act.
- Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” (“EO 14151”) seeking to end DEI programs and offices across the federal government. Since this order was issued, the federal government has taken significant actions to remove virtually all DEI initiatives across the federal government, including eliminating all DEI-related personnel and offices and mandating that preferred pronouns not be used on government email addresses. The Department of Defense issued guidance ending nearly all celebrations of certain demographic groups, including Black History Month. The Office of Personnel Management (OPM) issued a memo instructing federal agencies to terminate many DEI programs, policies, and practices across the federal government, providing a glimpse of what this administration may view as unlawful DEI programs and practices in the private sector.
- U.S. Attorney General Pam Bondi issued a February 5, 2025 memorandum, requiring the Department of Justice (DOJ) Civil Rights Division and Office of Legal Policy to submit a report with recommendations for enforcing civil rights laws to end “illegal” DEI programs in the private sector, consistent with EO 14173, including criminal investigations of corporate DEI programs. The memo also provides that the DOJ’s Civil Rights Division will “investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector.”
- The Trump administration has ordered the Office of Federal Contract Compliance Programs (OFCCP) to stop enforcement of EO 11246, including halting all active litigation, audits, and other enforcement actions relating to that law as well as holding in abeyance any audit related to the two other affirmative action laws OFCCP enforces for individuals with disabilities and protected veterans.
How Workers’ Can Protect Their Rights
This is an overview of the Trump Administration’s executive orders regarding federal employees and federal contractors.
New Executive Orders
- “Return to Work” directs department and agency heads in the Executive Branch to terminate remote work and require employees to return to work in-person on a full-time basis with exemptions deemed necessary.
- Executive Order 14151 “Ending Radical and Wasteful Government DEI Programs and Preference” directs the Office of Personnel Management (“OPM”) Director, assisted by others, to coordinate and terminate diversity, equity, inclusion, and accessibility mandates, policies, programs, preferences, and activities in the federal government regardless of name.
- Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” rescinded EO 11246 “Equal Employment Opportunity,” which is nearly 60-years old, thereby eliminating contractors’ affirmative action program obligations.
The “Restoring Accountability to Policy-Influencing Positions within the Federal Workforce” Executive Order reinstates Executive Order 13957 (Creating Schedule F in the Excepted Service), with amendments, sgnificantly impacts federal employees in policy-related roles by altering their job classifications, protections, and hiring processes. It reinstates Schedule F Classification which affects certain federal employees in policy-influencing positions; these employees will be moved into Schedule F, placing them outside traditional civil service protections. Employees in this classification may lose job security and due process rights, making them easier to remove.
How Workers Can Protect Their Rights Under the New Executive Orders
Understand Your Rights
- Familiarize yourself with federal and state employment laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and other anti-discrimination protections.
- Recognize that executive orders apply primarily to federal agencies and contractors but could influence broader workplace policies.
Monitor Workplace Policy Changes
- Stay informed about how your employer responds to these executive orders.
- Review any changes to diversity, equity, and inclusion (DEI) programs, hiring, promotions, or workplace training.
- Seek clarification from HR if policies seem to conflict with established workplace rights.
Document Potential Discrimination or Retaliation
- Keep records of workplace actions that might suggest discrimination, including emails, performance reviews, and meeting notes.
- If a DEI program is being eliminated, assess whether it impacts equal opportunities in hiring, promotions, or workplace culture.
Seek Legal or Advocacy Support
- If you believe your rights are being violated, consult an employment attorney or advocacy group such as the Equal Employment Opportunity Commission (EEOC) or Workplace Fairness.
- Join professional organizations that promote fair workplace policies and can offer guidance.
Engage in Workplace Dialogue
- If safe to do so, discuss concerns with HR or leadership to understand the rationale behind policy changes.
- Advocate for fair and inclusive policies while emphasizing compliance with existing anti-discrimination laws.
Revoked Executive Orders
- EO 14055 (Nondisplacement of Qualified Workers Under Service Contracts), which required federal contractors on Service Contract Act (SCA)-covered successor contracts to offer jobs to qualified employees employed under the predecessor contract.
- EO 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), which directed agency heads to review and report on potential barriers to full and equal participation in agency procurement and contracting opportunities.
- EO 14091 (Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), which established a government-wide goal of 15 percent of federal procurement dollars awarded to small business concerns owned and controlled by socially and economically disadvantaged individuals in Fiscal Year 2025.
How Workers Can Protect Their Rights Under the Revoked Executive Orders
With the revocation of these executive orders, employees—particularly those in federal contracting, minority or underserved communities, and those benefiting from workplace protections—should take proactive steps to safeguard their rights. Here’s what they can do:
Know Your Rights
- Federal Protections Still Apply – Laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) continue to prohibit discrimination based on race, gender, disability, and other protected categories.
- State & Local Laws – Some states and municipalities have stronger worker protections than federal law. Employees should check whether their state laws still provide similar DEI and worker protection policies.
- See workplacefairness.org for more information on employment discrimination.
Pay Attention to Employer Policy Changes
- If you work for a federal contractor, watch for changes to hiring, retention, and equity programs that were previously mandated by these executive orders.
- Employees should request clear information from HR about any new workplace policies that could affect DEI programs, job security, or equal opportunity initiatives.
Protect Your Job & Advancement Opportunities
- For Service Contract Workers: With the repeal of EO 14055, contractors are no longer required to hire the previous contractor’s employees when a contract changes hands. Workers in service contracts should ensure they understand their employer’s policies regarding workforce transitions.
- For Employees Benefiting from DEI Policies: If you were part of mentorship, leadership, or hiring initiatives aimed at racial or economic equity, monitor whether these programs are being scaled back or eliminated.
Document Workplace Practices & Decisions
- Keep track of any job reassignments, terminations, promotions, or changes in hiring criteria that seem to disproportionately affect certain groups.
- Save emails, HR communications, and performance reviews that could be relevant if discrimination concerns arise.
Seek Legal & Advocacy Support
- If workplace changes negatively impact you or raise potential discrimination concerns, contact an employment attorney or organizations like the EEOC, NAACP Legal Defense Fund, or Workplace Fairness.
- Unions or professional associations can also provide guidance on contract rights and employment protections.
Advocate for Fair Workplaces
- Engage in constructive conversations with HR and leadership to understand their commitments to workplace equity.
- If internal advocacy isn’t effective, employees can support legislation or company policies that reinforce worker protections.
