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Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Executive Order: 14173
Issued: January 21, 2025
Federal Register Doc. No.: 2025-02097
Federal Register: HTMLPDF

Executive Order 14173 positions itself as a sweeping directive to eliminate what it characterizes as illegal race and sex-based preferences in government and private institutions operating under Diversity, Equity, and Inclusion (DEI) or Diversity, Equity, Inclusion, and Accessibility (DEIA) frameworks. The order frames these practices as violations of federal civil rights laws that undermine American values of "hard work, excellence, and individual achievement" in favor of what it describes as an "unlawful, corrosive, and pernicious identity-based spoils system." The order presents itself as a corrective measure intended to restore merit-based opportunity and enforce longstanding civil rights protections, asserting that current DEI practices have resulted in "disastrous consequences" by prioritizing demographic characteristics over capability.

The order enacts specific policy changes by revoking four previous executive actions related to diversity initiatives, including Executive Order 11246 on Equal Employment Opportunity. It directs the termination of all federal DEI and DEIA programs and mandates the Office of Federal Contract Compliance Programs to cease promoting diversity initiatives or affirmative action for federal contractors. The order requires new contractual terms for federal contractors and grant recipients, compelling them to certify compliance with anti-discrimination laws and explicitly disavow DEI programs that might violate these laws. It further instructs the Office of Management and Budget to review and revise all government-wide processes to remove DEI-related references from federal acquisition, contracting, grants, and financial assistance procedures.

Implementation responsibilities are distributed across multiple agencies, with significant oversight from the Attorney General and the Office of Management and Budget. Within 120 days, the Attorney General must submit a strategic enforcement plan identifying sectors of concern and potential civil compliance investigations targeting specific entities, including publicly traded corporations, large non-profits, foundations, professional associations, and wealthy educational institutions. The order instructs the Attorney General and the Secretary of Education to jointly issue guidance to educational institutions receiving federal funds regarding compliance with the Supreme Court's decision in Students for Fair Admissions v. Harvard. While explicitly exempting veterans' preferences and certain protections, the order seeks to reorient federal civil rights enforcement away from diversity initiatives toward what it frames as the protection of individual merit and achievement in both public and private sectors.