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Category: Executive Order

CWC’s Updated Equal Opportunity “Flow-Down” Clause Guide

Following the rescission of Executive Order 11246, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, is providing its member companies with an updated version of the equal opportunity flow-down clause that they can incorporate into subcontracts and purchase orders subject to Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance...
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Category: Discrimination and Harassment

President Trump Designates English as the Official Language of the United States

President Trump signed an Executive Order on March 1 designating English as the official language of the United States. The new E.O. rescinds E.O. 13166, which former President Bill Clinton signed to improve government services for people with limited English proficiency. The new E.O. does not instruct federal agencies to take any action other than rescinding E.O. 13166 and related...
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Category: Affirmative Action and Diversity

CWC’s Updated Equal Opportunity and Affirmative Action Policy Templates

CWC, our affiliated nonprofit membership association, has updated its equal opportunity and affirmative action policy statement templates to reflect the rescission of Executive Order 11246. These templates, available to our member companies, can help federal contractors as they review their policies to ensure compliance with E.O. 14173. There are two versions of the templates: (1) an Affirmative Action Policy Statement,...
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Category: Agency Enforcement

White House Restricts the Power of Independent Agencies

President Trump signed an executive order February 18 that will sharply limit the autonomy of independent federal agencies, such as the NLRB. The E.O., entitled “Ensuring Accountability for All Agencies,” seeks to control independent agencies by: Subjecting their regulatory activity and strategic plans to review by the White House Office of Management and Budget; Establishing performance standards for independent agency heads;...
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Category: Discrimination and Harassment

GSA Directs Removal of EO 11246 Provisions From Federal Contracts and Solicitations

The General Services Administration has published a class deviation directing the removal of provisions related to Executive Order 11246 from federal contracts. President Trump rescinded E.O. 11246 by issuing E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. A class deviation is a change in contracting policy that can be implemented more quickly than a formal revision of acquisition regulations. The...
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Category: Affirmative Action and Diversity

Enforcement of E.O. 14173 Begins

The Trump Administration has wasted no time in beginning to enforce Executive Order 14173, which instructs all federal agencies to enforce civil rights laws and combat illegal private sector diversity, equity, and inclusion activities. The Federal Communications Commission has launched an investigation into the DEI practices of Comcast Corporation and NBCUniversal. The FCC selected Comcast for review because of “substantial...
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Category: Executive Order

Fifth Circuit Rules Biden’s Federal Contractor Minimum Wage Increase Lawful

A federal appeals court has upheld former President Biden’s Executive Order 14026 establishing a $15.00 federal contractor hourly minimum wage and indexing it to inflation. In Texas v. Trump, the U.S. Court of Appeals for the Fifth Circuit found the increase to be within the President’s authority under the Procurement Act. The Fifth Circuit concluded that raising the minimum wage to...
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Category: Discrimination and Harassment

The EEOC Begins To Implement President Trump’s “Defending Women” Executive Order

The Equal Employment Opportunity Commission has moved quickly to make changes in response to Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which President Trump issued on January 20. The EEOC announced January 28 that it had: Removed the option to use “X” as a gender marker and “Mx.” as a prefix...
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Category: Affirmative Action and Diversity

Trump Administration Faces First Legal Challenge on Pair of Diversity Executive Orders

Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare...
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Category: Discrimination and Harassment

CWC Holds Member Roundtable To Discuss Rescission of E.O. 11246

CWC held a members-only roundtable January 29 to discuss Executive Order 14173, which rescinded long-standing Executive Order 11246. President Trump issued E.O. 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 21. It rescinds E.O. 11246 and requires federal contractors to certify that they are not operating any programs promoting diversity, equity, and inclusion that violate federal anti-discrimination laws. During...

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