Question

I recently heard about changes to Affirmative Action programs. Is this true, and can you explain what happened?

Answer

It is true. One of the first Executive Orders issued by President Trump reversed the requirement that federal contractors have an Affirmative Action Program (AAP). The order did not eliminate the requirement that federal contractors with 50 or more employees (and all employers of 100 or more) submit an annual EEO-1 report, but it revoked the AAP requirement that was put into place by Executive Order 11246.

AIM HR Solutions offers AAP services through MRA, which recently shared the following update on the current and future status of AAP requirements:

“Executive Order (E.O.) No. 11246 was enacted in 1965 by President Lyndon B. Johnson. The order, as amended, aimed to prohibit federal contractors from discriminating in employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Part I of the order addresses non-discrimination in government employment, and Part II of the order addresses non-discrimination in employment by government contractors and subcontractors. This was the beginning of “affirmative action.”

On January 21, President Trump issued an Executive Order revoking E.O. 11246’s contracting criteria that mandates affirmative action by federal contractors in an effort to promote speed and efficiency, reduce costs, and force compliance with existing civil-rights laws. This significantly shifts federal employment policy, altering the affirmative action landscape. As E.O. 11246 has been a cornerstone in promoting workplace diversity, its end will potentially trigger new local legislation to step in its place. Although compliance with E.O. 11246 is no longer required, affirmative action programs for protected veterans (VEVRAA) and individuals with disabilities (Section 503 of the Rehabilitation Act) are still required and enforceable. At this time, employers must still comply and file EEO-1, VETS-4212, and state reporting obligations to date.

This situation is developing, and we expect to know more within 120 days. President Trump has provided a 120-day grace period to allow for a transition process during which the Attorney General will consult with relevant agencies and submit a report with recommendations for enforcing federal civil rights laws and deterring discriminatory DEI practices.”

More Information

Understanding affirmative action requirements can be complex, especially with evolving regulations. AIM HR Solutions is here to help:

 For Quick Questions: Contact the AIM HR Helpline at 800-470-6277 or email helpline@aimnet.org. Our HR experts can provide guidance on compliance, reporting obligations, and general HR concerns.

For Help with an Affirmative Action Plan, Visit our website to learn more about our AAP services: AIM HR Solutions – Affirmative Action Plans.