Immediately after his inauguration, President Biden stepped into the Oval Office and began signing executive orders—many of which were aimed at reversing the prior administration's policies and practices. President Biden promptly revoked President Trump's Executive Order (E.O.) 13950, which had imposed limitations on federal contractors' diversity programming, and in its place set forth an "ambitious whole-of-government equity agenda" in a new order, E.O. 13985. See Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, 86 Fed. Reg. 7009 (Jan. 20, 2021). Although the "equity agenda" is addressed solely towards the federal government and not to private organizations, it has multiple provisions specifically targeting agency procurement and contracting opportunities. See id. at §§5(b), 7, 10(b). As a result, employers who are federal contractors or are looking to secure government contracts in the future should be aware of E.O. 13985 and its expected impact.

This month's column provides historical context for President Biden's new order by way of background information on President Trump's now-revoked order governing federal contractors' diversity, equity and inclusion (DEI) policies and trainings, presents an overview of E.O. 13985, including federal contracting provisions, and offers suggestions for employers to consider in aligning with E.O. 13985 and in continuously improving DEI goals and programs.