Effects of President Trump's anti-Dei Executive Ordinance for government companies
On January 21, 2025, the day after his inauguration, President Trump signed an application from the executive to eliminate the positive measures of federal entrepreneurs and to restrict many other DEI programs and initiatives for federal employees. The order raises a number of other executive regulations from the past 50 years, including EO 11246 of September 24, 1965 (equal opportunities). In the following you will find an overview of how this new arrangement affects and/or receiver:
- In the coming weeks, the agencies will contain new guidelines and changes to existing contracts, grants and pending inquiries/inquiries for suggestions: (1) that contain a new certification, which confirms that the contractor does not operate any programs for the funding of DEI The federal antidis criminating laws “; and (2) remove the majority of the existing positive action requirements, as previously 52.222-26-equality.
- The order delivers a 90 days April 21, 2025, So that the contractors can meet the new requirements.
- In cases, audits, complaints or other enforcement measures or investigations, an OFCCP program (OFCCP) will be initiated by January 31, 2025.
- The order has no influence on SET-Asid to programs for small businesses after the Small Business Act.
- The arrangement has no influence that the requirements for the positive actions for veterans in the context of the Veterans Act of Vietnam (Vevraa) or for people with disabilities in accordance with Section 503 of the Rehabilitation Act (Vevraa) influence.
- The order is attempted to make the contractors for non -compliance with non -compliance, including legal triple compensation, the liability of the False Claims Act (FCA).
- We expect many future FCA Whistleblower lawsuits based on this arrangement. We expect legal challenges for the arrangement and the FCA Whistleblower lawsuits against employers for non -compliance.
Against this background, federal entrepreneurs and employers should seek a lawyer to support them in checking their manuals, internal guidelines and sub -orders in order to ensure compliance with the executive regulations and applicable federal laws. Baker Donelson lawyers are ready to help.
Anti-dei warnings for private employers
The administration did not stop in the government's contract department with its efforts to remove Dei. While the executive regulations do not achieve private companies, the order contained a language in which the general prosecutor's office was requested, “recommendations for enforcing the state civil rights laws and the creation of other suitable measures to encourage the private sector, illegal discrimination and preferences, including Dei to end “. On January 21, 2025, Andrea Lucas was appointed incumbent chairman of the Equal Employment Opportunity Commission (EEOC). Commissioner Lucas has made it clear that all “illegal” DEI programs that are retained by employers from the private sector are targeted. The warnings of private employers are vague; They do not define what an “illegal” dei program is, for example. It is likely that there will be more executive or agency lines for private employers shortly. In the following, however, you will find a list of our recommendations for actions that you can now take:
- Employers should not make premature decisions about their programs and initiatives and instead concentrate on their strategic plan as a guide for the guidelines, programs, initiatives and practices that are decisive for their organization.
- Employers who have implemented the DEI programs and initiatives should check their programs to evaluate potential legal risks and ensure compliance with the applicable civil rights laws.
- Employers should check how the company describes its DEI efforts on their website, in employee manuals and in employee training. And
- Employers should develop a communication plan for the discussion of these problems and the company's attitude to their employees.
Baker Donelson can help you examine your DEI programs, affinity groups and other initiatives as well as your guidelines, manuals, websites, training courses as well as diversity and shifts and external activists who may address your company because of unwanted public attention. We can also help you edit your employees who are likely to ask themselves where your company is about these problems.
Increased enforcement of immigration
The new administration has resumed Raiden workplace, which were temporarily stopped by the previous administration. The administration has also announced that they will resume I-9 audits. In view of the continuing raids and the examination of the demography of your workforce, we recommend:
- Do I-9 audits -A I-9-Audit takes place when ICE examines the information on reviewing the employment authorization of a company (form I-9), in which the employers confirm that their employees legally for work in the USA during an I-9 audit are justified. ICE can do one. Before -Ort inspection to ensure compliance. The process begins when ICE sends an inspection determination (NOI) and informs the employer that he has to provide the I-9 forms for its employees within three working days. ICE can personally deliver the NOI without warning.
- Employers should carry out I-9 audits, make corrections for violations that can be corrected, and to make appropriate employment decisions for employees who are not justified in the United States.
- Immigration attacks – ICE can carry out a enforcement measure or an attack on an employer without prior notice. ICE agents arrive at their location to carry out a search, collect documents and interview employees. If this situation arises, it is important that important employees such as receptionists, hosts or others are probably the first contact point for a RAID are familiar in advance. For example, if law enforcement or ice agents appear in their facility, which login information do you ask? Which documents do you ask for a review? What questions should your managers answer and not answer? How will you continue to run your business if you suddenly be an employee without confiscated records or computers or, even worse?
- Employers should have advice that can support you in the event of a robbery in order to guide you through the process and to provide invaluable support on site.
Baker Donelson can help you carry out the I-9 audits, to evaluate suitable employment decisions based on the results of the audit, the creation of a reaction plan and to train your managers and your leadership. If you have any questions, please contact the authors or a member of the Labor & Employment and immigration teams from Baker Donelson.