After The Fact

Executive Actions on Civil Rights, Merit-Based Opportunity, and American Energy

January 21, 2025

President Trump issued several executive orders and memoranda on January 21, 2025, focusing on eliminating Diversity, Equity, and Inclusion (DEI) programs, promoting merit-based systems, and bolstering American energy production. These actions reflect a policy shift towards traditional American values and a rejection of identity-based preferences. The administration aims to enforce existing civil rights laws and encourage the private sector to abandon DEI practices deemed discriminatory. Concurrently, the administration is prioritizing American energy independence by halting certain spending from recent infrastructure and climate legislation.

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

President Trump issued an executive order to end "illegal discrimination" and restore "merit-based opportunity." The order targets Diversity, Equity, and Inclusion (DEI) programs, claiming they violate civil rights laws and undermine national unity by promoting identity-based preferences over individual achievement.

The order revokes previous executive orders related to environmental justice and diversity in the federal workforce, including Executive Order 12898, Executive Order 13583, Executive Order 13672, and the Presidential Memorandum of October 5, 2016. It also revokes Executive Order 11246, concerning equal employment opportunity for federal contractors, with a 90-day grace period for compliance with prior regulations.

Federal agencies are directed to terminate all DEI programs and enforce existing civil rights laws. Federal contracting procedures will be streamlined, and contractors will be required to certify compliance with anti-discrimination laws and refrain from DEI programs that violate those laws. The Office of Federal Contract Compliance Programs will cease promoting "diversity" and "affirmative action."

The Director of the Office of Management and Budget (OMB), with assistance from the Attorney General, will review and revise all government-wide processes to remove DEI principles from federal acquisition, contracting, grants, and financial assistance procedures.

The Attorney General, in consultation with agency heads and the OMB Director, will submit a report within 120 days recommending further actions to encourage the private sector to end DEI practices. The report will include a strategic enforcement plan, identifying key sectors, egregious DEI practitioners, and potential civil compliance investigations.

The Attorney General and Secretary of Education will issue joint guidance to state and local educational agencies and institutions of higher education receiving federal funds regarding compliance with the Supreme Court decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College.

Keeping Americans Safe in Aviation

An executive order directs the Secretary of Transportation and the Federal Aviation Administrator to rescind all DEI initiatives within the FAA and return to merit-based hiring and promotion practices. The order alleges that previous DEI policies prioritized factors other than qualifications and safety.

A review of personnel in critical safety positions will ensure that those lacking requisite capabilities are replaced with highly qualified individuals to ensure air safety.

Starlight Ball Remarks

President Trump and Vice President Vance spoke at the Starlight Ball, celebrating their election victory. The President thanked his supporters, highlighting the significance of the election and promising to prioritize American interests, including border security, energy independence, and renegotiating trade deals.

Memorandum on Unleashing American Energy

A memorandum from the Office of Management and Budget (OMB) provides guidance on Section 7 of the "Unleashing American Energy" executive order. It directs agencies to pause spending from the Inflation Reduction Act and the Infrastructure Investment and Jobs Act on programs that conflict with the order's energy policy.

Last updated at 2/7/2025 10:43 PM

- After The Fact Editorial Team