Ending Illegal Discrimination and Restoring Merit-Based Opportunity

January 21, 2025, marked a significant day in the United States as the President issued an executive order to uphold equality and fairness by enforcing civil rights laws and eliminating illegal discrimination. This action aims to restore a system based on merit, hard work, and individual achievement.

The Purpose of the Executive Order

The foundation of this order lies in longstanding civil rights laws, such as the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. These laws ensure equality of opportunity for every American. However, recent trends in diversity, equity, and inclusion (DEI) policies have created disparities by promoting race- and sex-based preferences.

These policies, although implemented under the banner of DEI or diversity, equity, inclusion, and accessibility (DEIA), often violate the principles of civil rights laws. Such preferences undermine traditional American values like hard work, excellence, and fairness, creating what the order refers to as an “identity-based spoils system.”

The President emphasized that hardworking Americans should not face obstacles to success due to their race or sex. Instead, the focus must return to merit, aptitude, and individual effort.

Policy Overview

The policy is designed to end illegal preferences and mandates based on DEI and DEIA initiatives. It directs all federal departments and agencies to stop implementing discriminatory practices, enforce civil rights laws, and encourage the private sector to comply with anti-discrimination regulations.

Key Measures in the Order

1. Ending Illegal Discrimination in the Federal Government

The executive order revokes several prior directives, including:

Executive Order 12898 (1994), which addressed environmental justice in minority and low-income populations.

Executive Order 13583 (2011), which promoted diversity and inclusion in the federal workforce.

Executive Order 13672 (2014), which amended equal employment opportunity policies.

A 2016 presidential memorandum aimed at fostering diversity in the national security workforce.


Federal agencies are instructed to streamline their contracting processes, enhance efficiency, and ensure compliance with civil rights laws. Notably, Executive Order 11246 (1965), which required affirmative action in federal contracting, has also been revoked.

Federal contractors and subcontractors must now adhere strictly to anti-discrimination laws without engaging in workforce balancing based on race, sex, or other identity-based factors.

2. Streamlining Federal Contracting

The order eliminates mandates that promote DEI principles in federal contracts. Moving forward, contractors must certify that their operations comply with federal anti-discrimination laws and do not promote illegal DEI programs.

Additionally, the Office of Management and Budget (OMB) will revise federal guidance and procedures to remove references to DEI and DEIA principles. The goal is to improve efficiency, reduce costs, and ensure compliance with civil rights laws.

3. Encouraging the Private Sector to End Discriminatory Practices

The executive order extends its impact to the private sector, directing federal agencies to work alongside the Attorney General to encourage businesses to end illegal DEI practices.

To strengthen enforcement, the Attorney General will submit a report within 120 days, outlining:

Key sectors of concern.

• Organizations engaging in discriminatory DEI practices.
• 
  Strategic plans for compliance investigations.
• Recommendations for litigation or regulatory actions.
  
  
  The report will focus on sectors such as publicly traded corporations, large non-profits, foundations with significant assets, bar and medical associations, and universities with substantial endowments.

4. Education Sector Reforms

Within 120 days, the Attorney General and the Secretary of Education will provide guidance to federally funded educational institutions. This guidance will ensure compliance with the Supreme Court’s decision in Students for Fair Admissions, Inc. v. Harvard (2023), which emphasizes fairness in educational opportunities.

Exemptions and Protections

The executive order clarifies that it does not impact lawful preferences for veterans or individuals protected under specific laws like the Randolph-Sheppard Act. Additionally, it does not prohibit free speech by state or local governments, contractors, or educational institutions.

Ensuring Fairness and Unity

This order is designed to unify the nation by eliminating practices that divide individuals based on identity. It focuses on merit, individual effort, and adherence to civil rights laws as the cornerstones of opportunity. By eliminating illegal DEI and DEIA policies, the federal government aims to restore fairness across sectors, from employment and education to law enforcement and healthy.

Conclusion 

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This executive order represents a significant step toward ending illegal discrimination and restoring a merit-based system in the United States. By enforcing civil rights laws, eliminating harmful DEI policies, and promoting equality of opportunity, the government reaffirms its commitment to fairness and excellence.

Hardworking Americans can look forward to a future where opportunities are determined by merit, not identity—a vision rooted in the principles of equality, justice, and individual achievement.