President Donald Trump has rescinded the 60-year-old Executive Order 11246 (EO 11246), which required federal contractors to practice affirmative action based on race and gender. The president also issued a separate executive order this week to end diversity, equity, and inclusion (DE&I) programs and preferencing in the federal government.

In 1965, President Lyndon Johnson issued EO 11246, which also required nondiscrimination by federal contractors.

While the affirmative action obligation for EO 11246 will end due to its rescission by the EO Trump issued Jan. 21, contractors’ affirmative action obligations will continue for people with disabilities and veterans, due to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, explained Zev Grumet-Morris, an attorney with Duane Morris in Chicago. Nondiscrimination obligations based on race, gender, and other protected categories will continue as well.

“In September, we advised a comprehensive review of your DE&I programs for legal compliance and a shift toward inclusive practices that benefit all employees,” said SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP. “If you haven’t done so already, now is the time to act.”

Related Resource: EO Impact Zone, A Guide for HR Leaders

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