President Trump's new Executive Order on DEI programs is the result of his campaign position on diversity, equity, and inclusion (DEI) initiatives - a vast departure from the Biden's administration's position. A new Executive Order has introduced changes to DEI programs, prompting questions about its implications for federal employees. If you're navigating these changes, it's important to understand how your rights are protected and what these shifts mean for you.
This blog will break down your continuing legal protections, the impact on workplace programs, and your rights under current law, while shedding light on the obligations federal agencies must uphold. Let’s dive into what you need to know to stay informed and empowered. And, if you need immediate answers, click here to speak with a federal employment attorney during a free legal consultation.
Continuing Legal Protections for Federal Employees: Your Shield Against Discrimination Despite of the New Executive Order on DEI Programs
Regardless of the changes brought by the Executive Order, you remain protected under several cornerstone federal laws that prohibit discrimination in the workplace. These laws ensure that fairness, equality, and justice remain non-negotiable principles in your professional environment:
Title VII of the Civil Rights Act of 1964:Â This landmark legislation prohibits discrimination based on race, color, religion, sex, and national origin. It provides a foundation for equal opportunity and ensures that no one faces unfair treatment due to their identity.
The Age Discrimination in Employment Act (ADEA):Â If you're 40 or older, the ADEA protects you from age-based discrimination, safeguarding your right to thrive in your career regardless of your age.
The Americans with Disabilities Act (ADA):Â This critical law preserves the rights of individuals with disabilities, ensuring they receive reasonable accommodations and are not subjected to unfair treatment based on their physical or mental health conditions.
These laws remain in full effect and continue to safeguard your rights as a federal employee, regardless of evolving policies. That doesn't mean, however, that everyone follows the law. As federal employment attorneys we file lawsuits on behalf of federal employees who have regularly been discriminated against. If you are in that situation, schedule a free legal consutlation here.
The Impact on Workplace Programs: What’s Changing and What’s Staying with President Trump's Executive Order on DEI Programs
While the new Executive Order modifies certain DEI initiatives, it does not erase all diversity-focused programs. Instead, it creates a framework within which agencies must operate. Here’s what you need to know:
Voluntary Workplace Diversity Programs:
Programs that address documented imbalances in traditionally segregated job categories remain lawful, as upheld in United Steelworkers v. Weber (1979).
However, these programs must not unnecessarily burden the rights of other employees, as clarified in Johnson v. Transportation Agency (1987).
Religious Accommodations and Protections:
The Supreme Court has consistently upheld the importance of religious accommodations in the workplace. Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012) reinforces your right to religious freedom and workplace accommodations.
While some DEI programs may be phased out, others that align with legal precedents and constitutional requirements will remain intact. This ensures a balance between fostering diversity and respecting the rights of all employees.
The Human Impact: What About DEI Workers?
As federal employment attorneys, we see the human impact on administrative changes and understand how the Executive Order on DEI programs will impact thousands of DEI workers across federal agencies. Many have already been suspended, with many facing imminent layoffs. These employees dedicated their careers to fostering inclusivity and equity in the federal workforce, and the sudden disruption places them in a precarious position. Beyond the immediate financial strain, these layoffs create uncertainty for their futures and disrupt the progress made toward building a more inclusive workplace. If you are a DEI worker affected by these changes, understanding your rights is critical, as is seeking professional guidance to navigate this challenging time.
Your Rights As a Federal Employee Under Current Law: Empowering You to Act Given the Executive Order on DEI programs
As a federal employee, you have several rights under existing laws to ensure a fair and equitable workplace. These include:
Filing Discrimination Complaints: If you experience or witness discrimination, you can file complaints through your agency’s Equal Employment Opportunity (EEO) channels. This process is designed to address and resolve grievances effectively.
Protection Against Retaliation: Engaging in protected activities—such as reporting discrimination or participating in investigations—cannot be met with retaliation. You are legally protected when standing up for your rights.
Requesting Reasonable Accommodations:
If you have a disability or specific religious beliefs, you can request reasonable accommodations to support your ability to perform your job.
These requests must be addressed fairly and without undue delay. Read about your ADA rights as a federal employee here.
Reporting Violations:Â You can report violations of federal anti-discrimination laws without fear of reprisal. Your voice matters in upholding workplace fairness and accountability.
Knowing and exercising these rights ensures that you are equipped to advocate for yourself and others in your workplace regardless of the new Executive Order on DEI programs.
Federal Agencies’ Obligations: Holding Leadership Accountable
Federal agencies are not exempt from the responsibilities that come with fostering a fair and equitable work environment, regardless of President Trump's Executive Order on DEI programs. They must:
Prevent Discrimination:Â Agencies are required by law to uphold anti-discrimination statutes such as Title VII. This includes addressing systemic issues and ensuring compliance at every level.
Provide Reasonable Accommodations:Â Whether for disabilities or religious practices, agencies must accommodate employees unless doing so would cause undue hardship.
Comply with Constitutional Equal Protection Requirements: In Adarand Constructors, Inc. v. Pena (1995), the Supreme Court emphasized the importance of equal protection under the law. Agencies must balance compliance with the new Executive Order while adhering to these constitutional principles.
By maintaining these obligations, federal agencies ensure that the principles of fairness and equality are embedded within their operations.
Key Considerations: What Does This Mean for You As a Federal Employee?
Here are three critical takeaways as you navigate these changes:
Statutory Protections Remain Unchanged:Â Despite modifications to DEI programs, the Executive Order does not override your legal protections against discrimination. These safeguards remain firmly in place.
Balancing Compliance and Civil Rights:Â Agencies must carefully balance their adherence to the new Executive Order with their obligations to uphold civil rights laws. This balance ensures that no employee is left unprotected.
Protected Categories Are Untouched: The categories protected under federal law—such as race, gender, religion, age, and disability—remain unchanged. Your rights as an employee are not diminished.
If you have specific questions about how these changes affect your workplace, schedule a free legal consultation to speak with a federal employment attorney at Quinn Patton. Don’t hesitate to seek guidance if you need clarity or support.
Speak with a Federal Employment Attorney to Discuss Your Rights and How to Protect Your Job and Financial Future Given Pres. Trump's DEI Executive Order
If you’re facing challenges due to the new Executive Order on DEI programs—whether you’re a DEI worker facing suspension or an employee uncertain about your rights—the experienced federal employment attorneys at Quinn Patton can help. Specializing in federal employment law, our employment law firm is committed to protecting your rights, ensuring fair treatment, and helping you navigate complex legal landscapes.
Contact an employment attorney today by calling 443-247-5444 or clicking here to schedule a consultation and take the first step toward securing your future. Remember, your rights matter, and you don’t have to face these challenges alone.