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Course Details

This CLE webinar will examine the Trump administration's executive orders representing a significant pivot in federal policy by eliminating DEI initiatives in the federal government, curtailing affirmative action initiatives by federal contractors, and targeting private sector DEI programs. The panel will discuss what is required of employers--including federal contractors--and offer best practices for compliance.

Faculty

Description

Upon taking office, the Trump administration targeted DEI programs in the public and private sector when it issued two executive orders--"Ending Radical and Wasteful Government DEI Programs and Preferencing" (January 20 EO) and "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (January 21 EO).

The January 20 EO ends the federal government's DEI initiatives by ordering each federal agency "to the maximum extent allowed by law" eliminate all federal DEI offices and positions and equity actions, initiatives, or programs.

The January 21 EO turns to the private sector's DEI-related activities and revokes multiple DEI and affirmative action executive orders. The January 21 EO curtails OFCCP enforcement of federal contractor affirmative action and places private employers in its crosshairs by broadly directing the Attorney General and all federal agencies to "combat illegal private-sector DEI preferences, mandates, policies, programs, and activities."

Counsel should understand how the EOs interact with federal and state anti-discrimination laws; and how the EOs will affect employers, and the specific impact it will have on federal contractors, given its sweeping scope and remaining questions which will make compliance more difficult.

Listen as our expert panel provides an in-depth examination of the new administration's EOs impacting affirmative action and diversity initiatives, as well as the status of the various legal efforts to challenge the EOs. The panel will discuss how to help employers navigate new requirements, especially given the evolving nature of this new government stance, and offer best practices for compliance.

Outline

  1. Introduction
    • History of DEI
  2. The executive orders
    • Federal government DEI initiatives
    • OFCCP and federal contractor affirmative action
    • Private employer DEI programs
    • Enforcement
  3. Interaction with current federal and state anti-discrimination laws
  4. Employer impact and best practices
    • Federal contractors
    • Private employers
  5. Remaining questions
  6. Practitioner takeaways

Benefits

The panel will review these and other key considerations:

  • What impact do the EOs have on federal contractors and OFCCP enforcement?
  • How do the EOs target private companies' DEI programs; and what should employers be doing to prepare for compliance?
  • What enhanced risks do the EOs pose for federal government contractors?
  • How do the EOs interact with federal and state anti-discrimination laws? What are best practices for employers to navigate the new requirements while fulfilling their obligations under these laws?