What is DEI and what do the employees do? Here’s why Trump placed federal staff on leave

WASHINGTON – President Donald Trump on Wednesday ordered that all diversity, equity and inclusion (DEI) staff be put on paid leave and eventually be laid off, part of his efforts to eliminate affirmative action within the federal government. 

The announcement came following the executive order signed on his first day in office that mandates a sweeping dismantling of the federal government’s diversity and inclusion programs. This could include everything from anti-bias training to funding for minority farmers and homeowners. 

The sweeping executive order rolls back legislation dating back to the 1960s and could leave more than 2.4 million federal workers without jobs.

What does Trump’s executive order say?

What we know:

A statement issued by the White House called the programs an “immense public waste” and alleged they created “shameful discrimination” within government hiring practices. 

“Americans deserve a government committed to serving every person with equal dignity and respect, and to expending precious taxpayer resources only on making America great,” the statement read. 

Trump insists on restoring strictly “merit-based” hiring.

White House Press Secretary Karoline Leavitt confirmed that in a memo, the U.S. Office of Personnel Management directed federal agencies to place DEI office staffers on paid leave by 5 p.m. Wednesday and take down all public DEI-focused websites and social media accounts by the same deadline.

Agencies have also been directed to end any DEI-related training and contract and are required to provide the OPM with a complete list of DEI officers and employees of those offices by 12 p.m. on Thursday.

The order does not specify which programs it will target but mandates a government-wide review to ensure that contracts and grants are compliant with the Trump administration’s anti-DEI stance. Federal workers are being asked to report any programs they suspect are DEI-related within 10 days. 

The order also directs agencies to eliminate any “environmental justice” positions, committees, programs, services, activities, budgets and expenditures. It applies to the more than 400 U.S. federal agencies.

‘DEI staff’ includes employees of diversity offices, program developers, trainers and mentors.

What does DEI mean? 

Big picture view:

DEI stands for diversity, equity and inclusion. 

The origins of the programs date back to the Civil Rights Act of 1964, which, among many critical progressive moves, outlawed employment discrimination based on race, religion, sex, color and national origin.

In 1965, President Lyndon B. Johnson issued Executive Order 11246 which barred discrimination in government employment and required government contractors to “take affirmative action to ensure that applicants are employed, and employees are treated [fairly] during employment, without regard to their race, creed, color, or national origin,” according to the Department of Labor.

Executive Order 11246 requires federal contractors to promote equal opportunities for women and minorities. The Office of Federal Contract Compliance Programs (OFCCP) monitors compliance, including for UC campuses.

Federal contractors with 50+ employees and contracts over $50,000 must:

• Enforce a nondiscrimination policy.
• Create an affirmative action plan with placement goals for women and minorities.
• Implement programs to achieve these goals.
• Assign an official to oversee equal employment and affirmative action.

In June 2021, President Joe Biden issued Executive Order 14035: Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce to “strengthen the federal workforce by promoting diversity, equity, inclusion, and accessibility.” 

In the order, Biden said the purpose was to build a federal workforce that “draws from the full diversity of the Nation” and “remove barriers to equal opportunity.”

The order defines diversity, equity, inclusion and accessibility as the following: 

• The term “diversity” means the practice of including the many communities, identities, races, ethnicities, backgrounds, abilities, cultures, and beliefs of the American people, including underserved communities.
• The term “equity” means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment.
• The term “inclusion” means the recognition, appreciation, and use of the talents and skills of employees of all backgrounds.

Critics argue that programs encouraging hiring based on these factors are unfair and they advocate providing the same opportunities for everyone, regardless of such factors.

Trump’s mandate revokes Executive Order 11246 contracting criteria mandating affirmative action and bars the Office of Federal Contract Compliance Programs from pushing contractors to balance their workforce. 

What is affirmative action? 

The Basics:

Affirmative action is different from DEI. Affirmative action is a set of programs and policies meant to ensure equal opportunities for applicants and employees in the workplace and schools. 

According to the Department of Labor, it is based on the premise that historically marginalized and excluded groups should be given equal opportunity for recruitment, selection, advancement and every other term and that privilege associated with employment.

It is an effort to address the effects of past and present discrimination and asserts that workplaces and schools should strive to be reflective of the diversity of the American population. 

Dig deeper:

The Supreme Court struck down the decades-old affirmative action policy in college admissions in 2023, effectively stating that race can no longer be a factor when deciding if a student should be accepted to a school. 

In the majority opinion, Chief Justice John Roberts wrote that, “The student must be treated based on his or her experiences as an individual—not on the basis of race.”

The Department of Justice has affirmative action requirements for federal contractors and subcontractors. Employers are required to write this into their personnel policies and the Department of Labor says they must keep them on file and update them annually.

Trump’s order has also moved to end affirmative action in federal contracting.

What is the Equal Employment Opportunity Act?  

The backstory:

The Equal Opportunity Act of 1972 was enacted under the Nixon Administration. It amended the 1964 Civil Rights Act to prohibit discrimination in the workplace based on race, color, national origin, sex, religion, age, disability, and marital or familial status.

The law was enacted to further promote equal employment opportunities for American workers. 

According to the Equal Employment Opportunity Commission, the report accompanying the bill stated that “the time has come for Congress to correct the defects in its own legislation. The promises of equal job opportunity made in 1964 must 1737603090 be made realities.”