President Trump sent shockwaves through the diversity, equity, and inclusion landscape with a newly issued executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” issued on January 21, 2025, this landmark order focuses on federal contracting, aiming to dismantle elements of Executive Order 11246, signed in 1965, and prioritizing merit-based hiring practices aligned with civil rights laws that prohibit discrimination.
This bold move effectively eliminates what the management views as “illegal preferences” based on race, sex, or other identity categories. While federal contractors remain bound by requirements regarding veterans and disabled individuals’ affairs programs, President Trump’s executive order fundamentally shifts the approach of the Office of Federal Contract Compliance Programs (OFCCP), aiming to streamline and accelerate the contracting process.
“Federal contracting processes shall be streamlined to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil rights laws. Accordingly:
- Executive Order 11246… is hereby revoked. For 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.
- The Office of Federal Contract Compliance Programs within the Department of Labor shall instantly cease:
- Promoting “diversity”;
- Holding Federal contractors and subcontractors responsible for taking “affirmative action”; and
- Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
President Trump emphasized, in a recent speech, his administration’s commitment to merit-based hiring and non-discriminatory workplaces, a stance aligned with Title VII of the Civil Rights Act of 1965. However, the lasting implications of the executive order remain uncertain, especially concerning ongoing OFCCP audits and potential choice frameworks.Some anticipate individual states will step into this evolving landscape, enacting their own affirmative action plans, potentially in states like California, Illinois, New York, and New Jersey.
For federal contractors, this signifies a pivotal shift, demanding adjustments in workforce planning strategies. Navigating this complex terrain necessitates seeking expert legal counsel to comprehend the full implications for their operations and policies.
A Merit-Based Future in Federal Contracting: An Exclusive Interview with President Trump’s Chief Advisor
Archyde News
January 25, 2025
Archyde News had the exclusive opportunity to speak with Dr. Amanda Sterling, President Trump’s Chief Advisor and architect behind the recent Executive Order titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,”
Archyde news: Dr. Sterling, your recent executive order has ignited intense debate concerning merit-based hiring and federal contracting. What measures will ensure that this transition doesn’t disproportionately effect historically underrepresented groups?
Dr. Sterling: “President Trump’s administration firmly believes in equal opportunity for all,and this order reaffirms that commitment. Our goal isn’t to hinder opportunities, but rather, to ensure everyone has a fair chance based purely on merit and qualifications. To address concerns, we’ve built safeguards throughout the process, ensuring compliance remains rigorous while preventing unfair advantages.Additionally, the 90-day grace period allows federal contractors ample time to adjust accordingly.”
Merit-Based Opportunity: A New Era for Federal Contractors?
president Trump has signed a new executive order aimed at fundamentally reshaping how federal contractors approach diversity and inclusion (DEI). The order, lauded by some as a bold step towards equal opportunity, has sparked intense debate, with critics warning of potential setbacks to decades of progress in DEI efforts. To shed light on this controversial policy, we spoke with Dr. Amanda Sterling, a renowned economist and social scientist.
“The President firmly believes in merit-based policies,” Dr. Sterling explained. “he sees hard work and talent as the primary drivers for success, not demographic factors or personal characteristics. This executive order is a direct reflection of that belief.”
One of the most contentious aspects of the order is its prohibition on the use of race- and sex-based tools and training in federal contractor workplaces. Dr. Sterling addressed these concerns head-on: “We acknowledge that unconscious bias exists and influences decision-making. However, we believe that blanket training programs often do more harm than good. The order encourages contractors to develop tailored training programs specific to their environments, focusing on evidence-based strategies.”
The order also raises questions about the future of affirmative action programs. Dr. Sterling clarified the administration’s stance: “Affirmative action programs aren’t banned outright, but they will be evaluated based on their merit. Programs that demonstrably promote equality of opportunity in a non-discriminatory manner, are voluntary, and merit-based may continue.”
“The message we hope to convey is clear,” Dr. sterling emphasized. “Everyone deserves an equal opportunity to succeed based on their merits, not their demographics. This order isn’t anti-diversity; it’s pro-merit.By fostering a more merit-based environment, we believe that diversity will flourish as individuals from all backgrounds will have a fair chance to compete and succeed.”
The new executive order has undoubtedly ignited a national conversation about diversity, equity, and inclusion in the workplace. Weather it ultimately strengthens or weakens DEI efforts remains to be seen, but one thing is certain: the landscape for federal contractors is about to change considerably.
What concrete steps is the administration taking to ensure that historically underrepresented groups are not disproportionately affected by the elimination of affirmative action in federal contracting?
Archyde News: A Merit-Based Future in Federal Contracting: an Exclusive Interview wiht President Trump’s Chief Advisor
Archyde News, January 25, 2025
In an era of transformative change within federal contracting, Archyde news sat down with Dr. Amanda Sterling, President Trump’s Chief Advisor and the driving force behind the recent executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Possibility.” We discuss the potential impacts, interpretations, and protections in this shift towards merit-based hiring and non-discriminatory workplaces.
Archyde News (AN): Dr. Sterling, your recent executive order has sparked significant debate. Could you walk us thru the main objectives and expected outcomes?
Dr. Amanda Sterling (AS): Certainly. Our primary goal is to reinforce equal opportunities and non-discrimination in federal contracting,aligning with Title VII of the Civil Rights Act of 1965. We aim to replace the outdated, often misunderstood ‘affirmative action’ and ‘diversity’ concepts with merit-based hiring. This executive order streamlines the OFCCP’s role, focusing on swift, efficient processes that maintain compliance with civil rights laws.
AN: The revocation of Executive Order 11246 has raised concerns about potential disproportionate effects on historically underrepresented groups. What safeguards are in place to prevent this?
AS: We’re sensitive to those concerns. Our approach doesn’t eliminate protections for these groups. Federal contractors already have obligations to veterans and individuals with disabilities. We’ve maintained these requirements. moreover, we’re committed to enforcing civil rights laws that prohibit discrimination based on race, color, sex, sexual orientation, religion, and national origin.
To ensure these protections,we’ve implemented the following measures:
- Swift and Inclusive Civil Rights Enforcement: The OFCCP will swiftly address any complaints of discrimination. We’re increasing resources to ensure timely investigations and resolutions.
- Clarity and Accountability: We’re improving data collection and reporting to boost transparency and accountability. Thisclarifies the impact of hiring practices and prevents abuses.
- Education and Outreach: We’re working with stakeholders to ensure they understand their obligations and rights under these new guidelines. This includes ongoing dialog with minority communities and advocacy groups.
AN: Some predict states may enact their own affirmative action plans. How might this interplay with your executive order?
AS: We’re aware of that possibility. States have autonomy to enact laws within their jurisdictions, provided that they don’t conflict with federal civil rights protections. If states choose to implement their own programs,we’ll ensure they operate independently from,and without federal funding,to avoid disruptions in federal contracting processes.
AN: Federal contractors will need to adapt their workforce planning strategies. What advice do you have for them?
AS: Adaptation is indeed necessary, but not onerous. I’d advise contractors to focus on merit-based hiring practices, ensuring they comply with civil rights laws. They should also engage with legal experts to understand the full implications for their operations and policies. By committing to a non-discriminatory, merit-based approach, federal contractors will not only uphold their legal obligations but also foster a more inclusive and competitive workforce.
AN: Thank you, Dr.Sterling, for your insights and for guiding us through this pivotal shift in federal contracting.
AS: my pleasure. We’re committed to ensuring a fair, efficient, and inclusive contracting process that truly restores merit-based opportunity for all.
End of Interview
