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EO 14173Executive OrderTrump 47 · R

Executive Order 14173

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

This executive order revokes multiple prior executive actions related to diversity, equity, and inclusion (DEI) in federal employment and contracting, terminates affirmative action requirements for federal contractors, mandates removal of DEI principles from federal procurement and grant processes, and directs agencies to develop enforcement plans targeting private-sector DEI programs that the administration deems illegal discrimination.

Federal Register Open PDF 90 FR 8633

Impact dates

  1. Attorney General report to Assistant to President for Domestic Policy on private-sector DEI enforcement

  2. Attorney General and Secretary of Education joint guidance on SFFA compliance for educational institutions

  3. Federal contractor grace period ends; must comply with new regime

Key directives

  • Revoke EO 12898, EO 13583, EO 13672, and October 5, 2016 Presidential Memorandum
  • Revoke EO 11246 with 90-day transition period for contractors
  • OFCCP immediately cease promoting diversity and affirmative action
  • All agency heads include anti-DEI certification terms in contracts and grants
  • OMB Director review and revise government-wide processes to excise DEI/DEIA references
  • Attorney General submit report within 120 days with strategic enforcement plan
  • Each agency identify up to nine potential civil compliance investigations
  • Attorney General and Secretary of Education issue joint guidance within 120 days on SFFA compliance

Who is ordered

Timeline

Immediate

  • Revocation of EO 12898, EO 13583, EO 13672, 2016 Presidential Memorandum, and EO 11246
  • OFCCP immediately ceases promoting diversity and affirmative action
  • Federal contractors may continue under prior regulatory scheme for 90 days

Near term (90d)

  • 90-day grace period for federal contractor compliance expires (April 21, 2025)
  • Attorney General report due on private-sector DEI enforcement (May 21, 2025)
  • Attorney General and Secretary of Education joint guidance due on SFFA compliance (May 21, 2025)

Long term

  • Potential civil compliance investigations of up to nine targets per agency
  • Litigation, regulatory action, and sub-regulatory guidance against private-sector DEI
  • Structural changes to federal contracting and grant requirements

Risks & tensions

  • Legal uncertainty: 'DEI' not defined; scope of prohibited activity unclear beyond existing civil-rights law
  • Contractor compliance cliff: 90-day transition may be insufficient for operational restructuring
  • First Amendment tension: Order attempts to cabin prohibitions to employment/contracting practices while allowing 'academic instruction' advocacy
  • Enforcement asymmetry: Up to nine investigations per agency creates selective pressure mechanism
  • Potential litigation: Revocation of long-standing EO 11246 likely to face legal challenge
  • State/local preemption questions: Order purports not to bind states directly but conditions federal funds
Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity · Executive Orders