Trump Guts Contractor Watchdog’s Anti-Discrimination Power (1)

President Donald Trump revoked the executive order underpinning the Labor Department office responsible for ensuring government contractors comply with anti-discrimination law and maintain affirmative action programs.

The DOL’s Office of Federal Contract Compliance Programs polices some of the largest US companies that do work for the federal government, which pays out a total of hundreds of billions each year to contractors.

In a late Tuesday executive order, Trump said the OFCCP must immediately stop promoting diversity and affirmative action, and cease “allowing or encouraging” contractors and subcontractors to engage in “workforce balancing” based on race, sex, color, religion, national origin, and “sexual preference.”

Trump has jumped into action in weakening diversity, equity, and inclusion policies since his inauguration. He already signed a pair of executive orders on Jan. 20 that eliminated DEI programs within the federal government and restricted the definition of “gender” to male and female.

Trump’s sweeping new order Tuesday also aimed to “encourage” private-sector companies to end “illegal” DEI programs by redefining them as a form of discrimination.

He rescinded EO 11246, which in 1965 established key portions of the OFCCP’s authority. The agency separately has the power to enforce statutes that protect veterans and workers with disabilities.

Under the now defunct order, certain companies that do business with the federal government must develop affirmative action programs that establish “placement goals” for women or minorities if either are underrepresented in their workforces. They also must assess their outreach and recruitment efforts, and create a plan to address any deficiences.

The OFCCP is tasked with auditing contractors for compliance or conducting complaint investigations. It focuses on evaluating company’s affirmative action compliance, as well as analyzing hiring, pay, and other employment data for potential discrimination. Violations of the latter can potentially result in financial liability for contractors.

Trump’s order states contractors may continue for 90 days to comply with obligations in effect on Jan. 20. It also demands that contractors receiving funds from the government certify that they are not carrying out DEI initiatives that administration would deem violate federal civil rights law.

Additionally, Trump revoked EO 13672 from 2014, which shielded federal contractor workers from discrimination on the basis of sexual orientation and gender identity—years before the US Supreme Court recognized those protections under Title VII of the 1964 Civil Rights Act.

The president made an earlier attempt to arguably weaken the OFCCP during his first administration.

A failed budget proposal during the president’s first term would have merged the office with the Equal Employment Opportunity Commission.