In Brief:

• Trump administration executive orders target DEI programs deemed discriminatory, including those used by federal contractors.
• Revocation of longstanding affirmative action rules raises compliance and False Claims Act exposure.
• DOJ guidance and new orders encourage whistleblowers to bring DEI-related qui tam cases.
• Employers face growing legal challenges under Title VII and the First Amendment over mandatory DEI training.

In late March, the Trump White House issued an executive order titled “Addressing DEI Discrimination by Federal Contractors.”

The order was the most recent of several executive orders issued by the administration aimed at what it considers DEI-related discrimination.

The first of the series of orders was Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” signed by President Trump on Jan. 21, 2025, mandating the removal of DEI programs that are deemed discriminatory within federal agencies and for federal contractors. The order, in effect, overturns previous mandates promoting affirmative action.

The order targeted race/ethnicity-related DEI programs that utilize protected characteristics for hiring or contracting preferences. It also affects federal contractors, requiring them to certify they do not operate “illegal DEI” programs, with compliance tied to the False Claims Act.

The order specifically revoked Executive Order 11246, which had mandated affirmative action for women and minorities for over...

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