Trump is just rebranding “Diversity Equity Inclusion Accessibility” as “Merit based appointments” - with a lot of drama - the end result will be almost identical
What Trump wants is merit based appointments. But that is essentially what DEIA is if you try to summarize it in three words. It seems to be something about the words “Diversity, Equity, Inclusion and Accessibility” that’s the issue rather than the actual practice of it.
Before this came out,Gina Abercrombie-Winstanley former DEIA officer under Biden said this in a TV interview on the BBC which I transcribed:
QUOTE STARTS
Q. You were the former officer for Diversity and Inclusion up until 2023. How do you see all this.
A. There's a lot of concern, a lot of worry because so many people have misunderstood the purpose of DEIA (for Accessibiltiy as well) which is to level the playing field. Which is that we are not going to have favourites based on a demographic group or where you went to school etc. Levelling the playing field professionally. I like to remind people that DEIA worked agbain under the Trump administration. That is a fact and people want ot work for organizations that they trust wil value their contributions regardless of what they look liek or their backgrounds. And that's what it's about and people want that work to be done. They want to belong to that sort of organization. And so it may not have the same initials but the work will continue.
So she’s saying it's just a rebranding exercise. It seems to be the words DEIA that Trump objects to not the concept.
TEXT ON GRAPHIC:
Satire:
All the Coca Cola Branding departments will be closed down. Employees must
stop work but continue to receive full pay. The soft drink will now be called Cola Coca.
Work will start on the new branding after 60 days.
A satire of the way that Trump is rebranding "Diversity Equity Inclusion / Accessibility" as "Merit based appointments"
Background graphics from: Coca Cola label and Coca Cola bottle
DEIA is the idea of valuing differences and creating an environment where there are not just equal opportunities but which is welcoming to a variety of people. The graphic here helps illustrate the difference between equity and equality:
There is nothing here for Trump to object to, except the words.
So yes he is going to close down any department with the words DEI in its description and pause all the work of anyone in those departments.
But there are many laws he has to comply with and in any case, he has no quarrel with them. He wants merit based appointments so he will then have to rebrand it and likely employ many of those people in the new job because he can't have merit based opportunity without work to actually implement the many laws hat help to ensure it.
Those laws aren't going anywhere and won't be changed in Congress either.
As with renaming Coca Cola as Cola Coca, it is much the same product but with a different brand name / motto / graphics.
Remember he came to prominence as the celebrity host of "The Apprentice". He learnt how to grab attention from that show. It is all about brand image and marketing for him basically.
He is doing the rebranding in a dramatic way by shutting down DEI departments throughout governmetn - and then rebuilding them all. It is a bit like closing down Coca Cola and putting everyone on sabbatical for three months then re-opening it with a new brand name with the same drink but renamed as Cola Coca.
Why did he cancel the 1965 Executive Order 11246? - has almost no effect - only ever applied to Federal employees - and they are subject to all the genral equal opportunity laws already
This was a dramatic change Trump made but it’s been a bit overblown in how it was reported.
The 1965 EO is only about
equal opportunity for Federal Employees.
It removes one particular requirement they have,
a report they need to do to the government to show that they are doing equal opportunity hiring called the OFCCP audit.
There are numerous other requirements they still have to fulfill. For example it doesn't remove their obligagtions to make the jobs accessible to individuals with disabilities, don’t discriminate according to sex, or skin colour, ….
Removing this requirement has no effect on non federal employees.
Also, an executive order has no influence on Supreme Court decisions
There are many other laws to protect employees from discrimination. Here are a couple of summaries:
QUOTE The new executive order does not alter federal nondiscrimination, non-harassment, and anti-retaliation obligations with respect to race, color, sex, gender, sexual orientation, sexual preference, pregnancy, religion, national origin, age, and disability under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
…
The nondiscrimination requirements of Executive Order 11246 and its affirmative action requirements regarding women and minorities (and OFCCP’s related implementing regulations) are no longer operative. However, as discussed below, nondiscrimination requirements of Title VII and other federal anti-discrimination laws continue to be in effect.
Federal affirmative action, nondiscrimination, and reasonable accommodation requirements regarding disabled individuals and protected veterans remain in place as those obligations emanate from statutes (i.e., the Rehabilitation Act and VEVRAA) that are not subject to executive action.
The new executive order does not alter federal nondiscrimination, non-harassment, and anti-retaliation obligations with respect to race, color, sex, gender, sexual orientation, sexual preference, pregnancy, religion, national origin, age, and disability under Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
The revocation of Executive Order 11246 impacts pending and new OFCCP audits — as the agency’s audit jurisdiction is predicated on Executive Order 11246 and its implementing regulations. OFCCP audit requests focus on an employer’s “current” affirmative action plans, and the new executive order provides that contractors “may continue to comply with the regulatory scheme” for now (indicating that compliance is discretionary). Further, the new executive order directs OFCCP to “immediately cease” certain activities related to OFCCP’s audit practices and the agency’s focus on statistical impact.
The new federal contracting/grant compliance requirement (i.e., “compliance in all respects with all applicable Federal anti-discrimination laws”) and certification requirement (i.e., “certify that [the employer/entity] does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws”) appear to be subject to enforcement through False Claims Act mechanisms, which presents the risk of costly investigations and the potential for significant liability.
. New Executive Order Revokes Executive Order 11246 and Targets Employer DEI Efforts - McGuireWoods
QUOTE STARTS
Section 503/VEVRAA Compliance: President Trump’s executive order does not address contractors’ separate statutory affirmative action obligations for individuals with disabilities and protected veterans under Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act. Since these requirements are grounded in statute, they presumably remain in effect.
EEO-1 and VETS-4212 Reporting: All employers, including contractors, with at least 100 employees are still required to file annual EEO-1 reports. Similarly, contractors with federal contracts or subcontracts worth at least $150,000 must file annual VETS-4212 reports with the DOL.
State or Local Affirmative Action Laws: President Trump’s executive order applies only to federal affirmative action requirements under Executive Order 11246. Contractors doing business with state or local governments must still comply with applicable affirmative action and reporting requirements, many of which closely resemble the federal framework.
Equal Pay and Pay Transparency Laws: President Trump’s directive does not impact contractors’ obligations under the federal Equal Pay Act or similar state or local laws regarding pay equity and pay transparency. Currently, at least 43 states have equal pay requirements, and 14 states have pay transparency laws that are either pending or in effect. Contractors should closely review their compensation practices to ensure compliance with all applicable laws. Conducting internal pay equity audits is also advisable to identify and address any compensation disparities.
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