11/03/2025

In January 2025, President Trump signed three Executive Orders (EOs) that aimed at rolling back the Diversity, Equity, Inclusion, and Accessibility (DEIA) targets and programs previously promoted within the federal government.

The three Executive Orders (EO) signed by President Trump were:

1. “Ending Radical and Wasteful Government DEI Programs and Preferencing”– Focused on curbing government spending on DEI programs, and ending of the promotion of diversity-based policies deemed inconsistent with federal anti-discrimination laws.
2. “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”– eliminating the affirmative action mandates and requiring all appointments to be on merit

3. Defending Women from Gender Ideology Extremism & Restoring Biological Truth to the Federal Government requires that their gender policies align only with biological distinctions of male and female

Additionally upon swearing in of the new Attorney General,  Pam Bondi issued two Memorandums to give effect to these EO’s. In the Memorandum entitled  Ending Illegal DEI and DEIA Discrimination and Preferences she directed DOJ’s Civil Rights Division to:

“investigate, eliminate, and penalize illegal DEI and DEIA [diversity, equity, inclusion, and accessibility] preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds.

Therefore it mandates the identification of steps to deter DEI programs deemed discriminatory, including proposals for up to nine civil compliance investigations and possible criminal investigations. Targeted entities include large publicly traded corporations, non-profits, wealthy foundations, bar/medical associations, and well-endowed universities.

The report must also address potential litigation regulatory actions, and guidance.

A second internal facing one entitled Eliminating Internal Discriminatory Practices directed federal government to rescind their policies, practices that were not base don meritorious appointment and issue a report paying particular attention to ending:

“references to DEI or DEIA in (1) training and programs, including references to “unconscious bias,” “cultural sensitivity,” “inclusive leadership,” and any emphasis on race- or sex-based criteria rather than merit; (2) policies and guidelines, including hiring, promotion, or performance evaluation policies; and (3) vendor contracts and budget materials.”

So what does this all mean?

Executive Orders are directives issued by the President, instructing government agencies to take specific actions to faithfully execute federal laws. While EOs shape government policies, they do not change the law itself. Instead, they guide federal agencies on how to interpret and implement existing laws. However, adherence to these directives is crucial, as failure to comply can lead to legal investigations and other consequences.

The Memorandums explains how the Department of Justice will act to take effect to these EO’s. There remains uncertainty about these provisions and further guidance from DOJ is awaited. There are also legal challenges underway on the validity of these new provisions on grounds that they infringe constitutional and free speech rights.

The effects of these include:

1. US Government Employees on DEI Programs

DEI staff within the federal government were placed on paid leave almost immediately, and related programs were mandated to cease within 60 days.

2. Federal Contractors

Businesses contracting with the U.S. government, whether domestic or international, are required to comply with these orders. They must certify that their DEI initiatives do not violate any federal anti-discrimination laws. Non-compliance risks the termination of their government contracts. False statements can result in a False Claims Act (FCA) and non-payment of fees and a fine triple the size of the contract.

3. Ripple Effects Globally

The impact of these orders isn’t confined to the U.S.:

Multinational Corporations and large global businesses, may feel pressured to align with the new directives. Many will opt to avoid scrutiny, potentially leading to a reduction in the promotion of DEI programs across the board.

Small Businesses Smaller companies that look to larger firms for leadership and trends in diversity practices may also scale back their DEI initiatives.

Relevance in the UK (NI and GB) and Beyond

While the U.S. has historically pursued affirmative action policies to promote underrepresented groups, these steps often extend beyond what is permitted under Northern Ireland (NI) and Great Britain (GB) laws.

The recent EOs have introduced uncertainty. Businesses across the globe are trying to navigate this changing landscape carefully. For those in NI and GB, the focus must remain on fulfilling equality obligations under local law while striving to maintain inclusive and diverse workplaces.

We have provided summary of the laws in Northern Ireland below to assist businesses who may be assessing what they must continue to do here to comply with the laws.

Northern Ireland

Northern Ireland has its own legislative regime which is similar to GB but has some distinct differences.

There is a requirement for registered employers to monitor community background and sex of employees on annual basis

A form of positive action and affirmative action is permitted in Northern Ireland but operates in a very different way to that in US.

Laws requiring Gender, Ethnicity and Disability Reporting are also due to come into force

DEI Laws in Northern Ireland

Various Equality laws (see below) cover 9 protected characteristics of Sex / Pregnancy or Maternity Leave / Gender Reassignment Being Married or in a Civil Partnership / Disability / Race / Religious or similar Philosophical Belief / Political Opinion / Sexual Orientation / Age

See https://www.equalityni.org/legislation

Equal Pay Act (NI) 1970, and Sex Discrimination (NI) Order 1976

These laws prohibit discrimination and harassment on the grounds of sex; pregnancy and maternity leave; gender reassignment; being married or being a civil partner.

Special protection for a female on maternity leave from being made redundant (first refusal of any suitable alternative employment)

Fair Employment & Treatment (NI) Order 1998

This law prohibits discrimination and harassment on the grounds of religious belief or similar philosophical belief and political opinion.

Fair Employment and Treatment Order includes Article 55 Reviews, so that all registered employers (11 or more employees) must monitor the composition of their workforce in terms of whether they are from Protestant or the Roman Catholic communities or neither and also monitor their sex and file an annual report to Equality Commission Northern Ireland. Criminal Offence not to comply.

Northern Ireland Act 1998

Section 75 requires public authority employers to promote, monitor and to consider taking positive action where appropriate across the nine equality categories

Disability Discrimination Act 1995 and Autism Act (NI) 2011/ Autism (Amendment) Act of 2022

This law prohibits disability discrimination and disability-related harassment against disabled persons.

Employers are allowed to reserve job vacancies for: people who have disabilities (but not for people who do not have disabilities). Employers must act with caution

Autism Act places a duty upon government to implement an effective autism awareness campaign strategy.

Race Relations (NI) Order 1997

This law prohibits discrimination and harassment on the grounds of race; colour; ethnic or national origins; nationality; belonging to the Irish Traveller community.

Employment Equality (Sexual Orientation) Regulations (NI) 2003

This law prohibits discrimination and harassment on the grounds of sexual orientation.

Employment Equality (Age) Regulations (NI) 2006

This law prohibits discrimination and harassment on the grounds of age.

These Regulations could permit an employer to commit an act of direct discrimination (for example, reserving a quota of jobs for people in a certain age group) so long as the act can be objectively justified. This can only occur where the act is a proportionate means of achieving a legitimate aim.

Article 2 (Dedicated Mechanism) Protocol on Ireland and Northern Ireland 31 January 2020

Sets out certain commitments in relation to rights and equality to ensure that there is no diminution of rights, safeguards or equality of opportunity, as set out in that part of the 1998 Agreement in the area of protection against discrimination, as enshrined in the provisions of Union law listed in Annex 1 to the Protocol

NI Equality codes of practice are:

• Fair Employment in Northern Ireland – Code of Practice
• Removing Sex Bias from Recruitment and Selection – A Code of Practice
• Code of Practice on Equal Pay
• Code of Practice for Employers for the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment
• Disability Code of Practice – Employment and Occupation

Gender, Ethnicity and Disability Pay gap Reporting due to come in imminently.

Positive Action / Affirmative Action that is permitted in NI

The basic rule is that it is unlawful to make recruitment or other employment decisions on any of the 9 protected grounds. Equality Commission in Northern Ireland has produced Positive Action an Employers Guide

Two important exceptions to this rule are that employers are, however, allowed to reserve job vacancies for:

(a) people who have disabilities (but not for people who do not have disabilities). Employers who do this must still act with some caution.

(b) people in certain age groups, but only where an employer can objectively justify such an action

Other Outreach Positive Action is permitted subject to certain preconditions: In summary, outreach positive action involves reaching out to specific under-represented or disadvantaged groups of people: for example, depending on the specific circumstances that apply in a particular workplace the groups might be: disabled people, members of the black or ethnic minority communities, women or men, Protestants or Roman Catholics, gays and lesbians and can include:

• Encouraging people to apply for job and training opportunities
• Offering training opportunities and facilities
• Reserving job vacancies for persons who are unemployed

If you require more information on this please contact our Legal Team.