The Revocation of Executive Order 11246: What It Means for Employers

Executive Order 11246 was a landmark directive prohibiting federal contractors from discriminating based on race, gender, religion, and other protected classes. It also required them to implement affirmative action plans (AAPs) to ensure equal employment opportunities.

However, on January 21, 2025, President Trump revoked Executive Order 11246, citing concerns that it had shifted focus away from merit, hard work, and individual achievement, instead fostering employment practices that prioritized “identity over qualifications”.

So, what does this revocation mean for employers—specifically federal contractors? Let’s break it down.

A Brief History of Executive Order 11246

Signed by President Lyndon B. Johnson in 1965, Executive Order 11246 was designed to combat employment discrimination among federal contractors and subcontractors—specifically those with:

• 50 or more employees, and
• at least one federal contract worth $50,000 or more.

For nearly six decades, these employers were required to develop and certify annual written affirmative action plans, assessing their workforce composition and ensuring equitable hiring, promotion, and pay practices. Oversight and enforcement fell to the Office of Federal Contract Compliance Programs (OFCCP).

The Revocation: Now what?

• Written AAP’s for women and minorities are no longer required for federal contractors or subcontractors; however, the requirement for written plans for Vietnam Era Veterans and individuals with disabilities remains.
• All employers are expected to focus solely on merit-based hiring—without consideration for demographic workforce statistics or mandates.
• The OFCCP’s role in enforcing employment regulations remains uncertain.

This is a good time to review any workplace initiatives related to diversity, equity and inclusion (DEI). Consider the following:

• Is the program’s message clear?
• Is it still valuable and relevant for the organization today?
• Does it exclude or favor any one specific group of employees?

Initiatives that support a diverse and multi-faceted workforce and encourage respect for all employees remain in the best interest of any employer.

It’s also important to recognize that recent decisions by the Trump administration may be causing some employees to feel unsettled or uneasy for a variety of reasons.

What Should Employers Do Now?

Review Your Policies and Practices

• Ensure compliance with any remaining requirements such as EEO-1, VETS-4212, VEVRAA, and Section 503 AAPs.
• Maintain a commitment to creating the best work environment for all employees.

Engage Legal & Compliance Experts

• Consult employment attorneys to navigate compliance and risk in DEI-related policies as applicable.

Communicate Support and Provide Resources to Employees

• Acknowledge that employees may feel uncertain or anxious. Provide resources such as an Employee Assistance Program (EAP) to help employees manage stress and anxiety.
• Foster open communication through regular check-ins, town halls, or focus groups to ensure employees feel heard and supported.
• Offer mental health resources and wellness initiatives to provide additional emotional support during times of change.

Maintain Voluntary Diversity Efforts

• Consider workplace inclusion and belonging strategies that align with your company’s values and mission.
• Communicate clearly with employees about what these changes mean for your workplace culture.

Partner with Herbein

• We stay up to date with federal regulations and offer expert guidance on navigating the changing landscape.  
• We can assist in creating a positive and productive workforce to support your organization’s goals. 

Conclusion

While this revocation marks a shift in affirmative action plan requirements, it does not mean that diversity, equity, and inclusion are no longer important. Employers still have the opportunity—and, in most cases, the business imperative—to foster inclusive, dynamic, and high-performing workplaces.

Stay tuned—this is an evolving landscape, and there is likely more to come. The best employers will remain proactive in creating workplaces that champion both merit and inclusion.

Article contributed by Deanna Giffin