Amid the flurry of executive orders that President Donald Trump has issued from his new administration and rescinded from previous administrations, a number of his moves have targeted policies meant to fight discrimination. Trump set off alarms by revoking a landmark 1965 executive order on employment discrimination. Although Trump’s move does not make discrimination legal, it is a worrying step toward weakening protections against racism and other forms of bias.
Trump revokes 1965 anti-discrimination executive order
As Blavity previously reported, in addition to rolling back DEI programs, Trump also rescinded an executive order issued by President Lyndon B. Johnson in 1965 that banned discrimination and implemented affirmative action for federal contractors. Johnson’s order, Executive Order 11246 – Equal Employment Opportunity, states among other things that federal contractors “will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.” Johnson’s now-rescinded order also required federal contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.” Trump’s order also rescinds a number of other antidiscrimination executive orders issued by past presidents, including Bill Clinton and Barack Obama.
Trump has not legalized discrimination (yet)
Some sources have incorrectly interpreted Trump’s move as repealing federal antidiscrimination legislation, mislabeling the 1965 executive order as an “Act.”
Donald Trump has revoked the Equal Employment Opportunity Act of 1965.
The order prohibited discrimination in hiring and employment based on race, color, religion, sex, or national origin. pic.twitter.com/lUEdmPxCsF
— Pop Crave (@PopCrave) January 22, 2025
However, “Acts” such as the Civil Rights Acts of the 1960s are laws passed by Congress, and the president cannot revoke laws through executive action.
Just so things are clear: this was an awful EO but it does NOT make discrimination legal. The CRA is still the law of the land. Trump wants us to think he has the power to make laws go away. He does not. EOs don’t do that. https://t.co/dPvyyXXXkp
— Tim Wise (@timjacobwise) January 23, 2025
Trump’s actions do not change laws such as the Civil Rights Act of 1964 and the Equal Opportunity Employment Act of 1972, which prevent employers, employment agencies, labor organizations and training programs from discriminating on the basis of “race, color, religion, sex, or national origin,” as well as other characteristics like disability. In short, practices like racial discrimination are still illegal despite Trump’s moves.
Administration setting a dangerous tone
While Trump’s orders do not legalize discrimination, as some fear, they do potentially undermine the ability and willingness of federal agencies to enforce the antidiscrimination laws that regulate federal contractors and others employers. Trump’s moves also send a strong signal of the president’s priorities and views on programs such as DEI and affirmative action. Fulfilling right-wing priorities, Trump has essentially eliminated DEI programs from the federal government and is increasing pressure on universities and private corporations to do the same.
The Trump administration’s position that past policies like the Equal Employment Opportunity executive order created “illegal discrimination in the federal government” is creating an atmosphere of hostility toward antidiscrimination and pro-diversity efforts. Although Trump’s actions have not made discrimination legal as some have feared, there are legitimate reasons to be concerned about what Trump has done and where his administration is heading.
