
President Trump Rescinds Lyndon Johnson’s 1965 Affirmative Action Executive Order in Broad Move Against DEI Policies
By CC News Network, James Seidel
Washington, D.C. – Former President Donald Trump on Tuesday rescinded a 1965 executive order signed by President Lyndon B. Johnson that required companies contracting with the federal government to implement affirmative action programs. This decision was part of a broader effort by Trump to eliminate diversity, equity, and inclusion (DEI) initiatives from federal agencies.
Citing his presidential duty to enforce civil rights laws, Trump’s executive order described affirmative action policies as fostering “illegal, pernicious discrimination” by prioritizing an individual’s race or background over their abilities. The order specifically targets Executive Order 11246, known as the Equal Employment Opportunity Order, and gives federal contractors a 90-day window to continue compliance before the changes take full effect.
Landmark Supreme Court Ruling Shapes Trump’s Decision
The rescission comes on the heels of the U.S. Supreme Court’s 2023 landmark ruling, which declared affirmative action policies at Harvard University and the University of North Carolina unconstitutional. The court found that these policies violated Title VI of the Civil Rights Act and the Equal Protection Clause of the 14th Amendment, arguing that they perpetuated discrimination rather than preventing it.
The ruling marked a significant shift in how affirmative action programs are viewed in education and employment, influencing Trump’s decision to scale back similar initiatives within federal agencies and contracts. Trump’s administration referred to the Supreme Court’s findings to bolster its argument that affirmative action policies have moved beyond their intended purpose and now undermine merit-based advancement.
Reaction and Implementation
Trump’s executive order also places all DEI officials in federal agencies on paid leave, with immediate effect. While details remain unclear, reports indicate these employees may either face reassignment or the beginning of termination processes. The administration has yet to clarify the long-term plan for roles previously tied to DEI initiatives.
Critics, including major media outlets, have labeled Trump’s move as a rollback of civil rights protections. However, Trump and his supporters argue that such policies no longer address past discrimination and, instead, perpetuate a system that prioritizes race and gender over qualifications. A 2013 analysis from the National Review similarly criticized the 1965 executive order for being legally questionable, claiming it relied on statistical disparities rather than evidence of active discrimination.
With the rescission of the 1965 executive order mandating affirmative action for federal contractors, private companies must adapt their policies while ensuring compliance with existing anti-discrimination laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Companies should review current diversity, equity, and inclusion (DEI) initiatives, eliminating outdated affirmative action requirements tied to federal contracts while considering voluntary DEI programs that focus on fostering inclusivity without rigid quotas.
Federal contractors will need to update contracts and reporting practices to align with the new legal framework and communicate these changes transparently to stakeholders. Despite the absence of federal mandates, businesses can still promote diversity as a competitive advantage by emphasizing merit-based practices, equitable workplace environments, and regular audits of hiring and pay practices to ensure fairness. Staying informed on potential state-level regulations and future federal developments will help companies maintain legal compliance while balancing their business goals and public perception.
Looking Ahead
While Trump’s order gives federal contractors 90 days to adapt to the new rules, its implications are likely to reverberate beyond government agencies. The elimination of DEI policies and affirmative action frameworks signals a broader shift toward merit-based systems, one that echoes the contentious debate over the role of diversity in hiring, education, and public policy.
For many, this marks the end of a decades-long era of affirmative action policies within the federal government, spurring debate over how organizations will adjust to the new landscape. As with any sweeping reform, the coming months will determine how these changes play out on both a practical and political level.
For more updates and analysis, stay tuned to CC News Network.
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