Democrats in the House of Representatives have introduced a bill that would bring back Diversity, Equity, and Inclusion policies to the federal government.
The bill, H.R. 989, is titled, “To codify Executive Order 11246 titled “Equal Employment Opportunity.” Former President Lyndon Johnson signed Executive Order 11246 in 1965, further establishing “affirmative action” for federal employees. The order came four years after former President John F. Kennedy established the term with Executive Order 10925.
The first part Section 202 of Executive Order 11246 stated, “The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin,” which sounds like an anti-discrimination order until Section 204 states, “The Secretary of Labor may, when he deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order.”
Also, Section 102 states, “The head of each executive department and agency shall establish and maintain a positive program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance with the policy set forth in Section 101.”
The wording of “equal employment opportunity” is vague and can lead to DEI-like practices, whether intended or not.
Although leaders such as former Vice President Hubert Humphrey balked at the idea that it would lead to racial quotas, the wording of the order became a way for employers to use policies that would eventually evolve into DEI.
President Donald Trump revoked the order Jan. 21 with Executive Order 14173, titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
Democrats introduced the H.R. 989 Feb. 5 and are in the process of accumulating sponsors. The bill has 49 co-sponsors, all Democrats, as of Feb. 20, led by Reps. Shontel Brown (D-OH) and Jamie Raskin (D-MD). The bill is currently in the House Committee on Education and the Workforce.
“For 60 years, Republican and Democratic presidents alike have agreed that taxpayer money shouldn’t bankroll workplace discrimination,” Brown said. “Federal contractors who receive taxpayer funds and execute government programs should set the standard for equal opportunity. I will not stand by while this administration undermines the rights of women, Black Americans, and marginalized communities. The fight for fairness in the workplace is far from over.”
With a Republican majority in both the House and the Senate, the bill is unlikely to make much progress. Even if it somehow passes both chambers, Trump is sure to veto it. Instead, the bill is an attempt to clog up proceedings in the House and virtue signal to the Democrat base in some symbolic way of responding to Trump.
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There are already more effective anti-discrimination laws on the books without Executive Order 11246. Title VII of the 1964 Civil Rights Act, for example, prohibits “employment discrimination based on race, color, religion, sex and national origin.”
Trump’s executive action merely enforced the law by ending the practice of quotas and DEI for federal employees. The wording of the revoked executive order gave the appearance of a beneficial policy at the time, but it opened the door to policies such as reverse discrimination.