On January 20, 2025, President Trump issued Executive Order 4168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. The Order announces the policy of the United States to recognize two sexes, male and female. It specifies that “‘[s]ex’’ is not a synonym for and does not include the concept of ‘gender identity.’” The Order further states that federal funds shall not be used to promote gender ideology, and “[e]ach agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”
On January 20, 2025, President Trump also issued Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing, which calls for the termination of illegal Diversity, Equity, Inclusion (“DEI”) mandates, policies, programs, preferences and activities in the federal government, under whatever name they appear. Among other things, the Order directs federal agency, commission, and department heads to identify federal contractors who have provided DEI training to federal employees and grantees who received federal funding to advance DEI programs, services, or activities since January 20, 2021. On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which orders all federal agencies to enforce federal civil rights laws and combat illegal private sector DEI preferences, mandates, policies, programs, and activities. In addition to other measures, the Order directs the head of each federal agency to include in every contract or grant award a term requiring the recipient to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws. Agencies are further directed to identify publicly traded corporations, large non-profits, foundations, or associations for potential civil compliance investigations relating to illegal DEI discrimination or preferences.
We expect federal agencies to issue additional, more detailed guidance interpreting and implementing these Executive Orders. The Orders may also face legal challenges. In the meantime, federal contractors, federal grant and/or funding recipients, and private sector organizations should consider how their current employment policies and practices, including the contents of employee handbooks and trainings, may be impacted by these Executive Orders. Organizations are well-advised to begin reviewing their policies and practices in consultation with experienced employment law counsel and human resources advisors. Employer responses to these Orders should be tailored based on corporate and regulatory status, funding sources, and industry. Your partners at Lake Effect are here to answer your questions and discuss potential implications of these recent Orders.
The attorneys and HR professionals at Lake Effect can provide guidance on employment-related Executive actions, employment laws, regulations, and agency guidelines. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
