Recent moves by the federal government have signaled a dramatic shift in how workplace diversity, equity, and inclusion (DEI) programs are being viewed—especially among federal contractors.
If you’re an employee working for a company that holds government contracts, these developments could directly affect your rights and the protections you rely on in the workplace.
Here’s what’s happening and why it matters.
What Changed?
In a significant policy shift, the federal government has begun reviewing the civil rights and affirmative action plans of federal contractors to identify DEI programs that could be viewed as discriminatory.
The Office of Federal Contract Compliance Programs (OFCCP), which previously oversaw and enforced nondiscrimination requirements for federal contractors, is facing cutbacks, layoffs, and restructuring. This change comes as part of a broader campaign to eliminate DEI programs the administration considers illegal.
For employees, particularly those from historically underrepresented groups, this could mean less support and fewer proactive policies that protect against discrimination in hiring, pay, promotions, and workplace treatment.
How This Impacts Employees
1. Fewer Protections for Marginalized Workers
DEI programs often include hiring practices, mentoring opportunities, and workplace training designed to support employees of color, women, LGBTQ+ individuals, veterans, and people with disabilities.
If these programs are rolled back, employees may lose access to:
- Affinity or employee resource groups
- Fair hiring practices based on inclusive outreach
- Bias and harassment prevention training
- Career development efforts aimed at underrepresented groups
Without these programs, workplace discrimination may become harder to detect and address, especially in large organizations.
2. Decreased Oversight of Federal Contractors
Federal contractors are required to comply with Executive Order 11246, which prohibits discrimination in employment decisions based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
The OFCCP has historically enforced these protections. With enforcement efforts scaled back, employees may see fewer audits, investigations, or responses to complaints of systemic discrimination.
3. Increased Fear of Retaliation
If DEI programs are viewed as legally risky by employers, many companies may respond by discouraging open discussions about discrimination, inclusion, or equal opportunity.
This could create a chilling effect, where employees feel less safe reporting bias, unfair treatment, or harassment out of fear that it won’t be addressed—or worse, that they will face retaliation.
What Employees Can Do
- Know Your Rights
Regardless of changes in DEI policy, federal and California laws still prohibit workplace discrimination and retaliation. This includes Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, and California’s Fair Employment and Housing Act (FEHA). - Document Discrimination or Harassment
If you experience workplace discrimination or believe you are being treated unfairly because of your race, gender, age, or other protected characteristics, keep detailed records of incidents, communications, and actions taken by management. - Seek Help If Needed
You have the right to consult with an employment attorney to assess your situation and take legal action if necessary.
The Bottom Line
Diversity and inclusion programs have helped level the playing field for countless employees. As these programs face growing scrutiny, employees must remain vigilant and proactive in protecting their workplace rights. Even as policies shift, discrimination remains unlawful, and the right to a fair and equitable workplace remains intact.
The blog published by Fairchild Employment Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.