Executive Order 14173 revoked Executive Order 11246, so DOL's Office of Federal Contract Compliance Programs (OFCCP) no longer requires federal contractors and grantees to have a written affirmative action plan with regard to race, sex, religion, age, national origin, sexual orientation, and gender identity. E.O. 14173 did not affect AAP requirements under the Rehabilitation Act of 1973 (protecting individuals with disabilities) and statutes covering veterans. However, the OFCCP has put enforcement action with regard to all AAPs on hold pending further guidance from the White House. Any employer needing guidance on affirmative action plans should review the OFCCP's website at https://www.dol.gov/agencies/ofccp.
The same executive order noted that all employers remain responsible for complying with existing non-discrimination statutes, such as those enforced by the EEOC (see the EEOC’s useful resources for employers at https://www.eeoc.gov/.
New executive order from Texas: Executive Order GA-55, issued on January 31, 2025, prohibits "all forms of government race discrimination" and specifically prohibits any DEI, critical race theory, or affirmative action programs based on race or color.
Employers may adopt such policies on their own - however, be careful about "reverse discrimination" - basing employment decisions on minority status alone is very risky.
Affirmative action can be as simple as advertising job openings in media that reach diverse markets and in ways that are designed to bring word of openings and promotional opportunities to the broadest possible group of potential applicants - the goal is to cast as wide a net as possible.
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