EO 14173 exacerbates existing health inequities in environmental justice by weakening protections for communities in highly polluted and impoverished environmental conditions. It requires educational institutions to comply with SFFA v. Harvard, a Supreme Court Case that ended the practice of race-based affirmative action in college admissions. EO 14173 also removes workforce diversity requirements in large health systems and research organizations, which reduces diversity in clinical trials and research aimed at addressing historic health inequities. Additionally, it ends programs designed to promote diversity in the healthcare workforce, which may see the return of systemic biases and discrimination within hiring processes. Non-profit and community-based organizations that receive federal grants are often well-suited to address social determinants of health for diverse populations; EO 14173 compliance reporting requirements threaten to deprive these programs of significant funding and may hinder their ability to deliver essential services to diverse communities, particularly impacting immigrant populations.
A directive issued by the President that manages operations of the federal government. Executive orders have the force of law but must align with existing statutes and constitutional authority.
Who It Impacts: Federal agencies and employees, directing them on how to implement laws or carry out government functions. Executive orders can also influence businesses and individuals when they relate to issues like immigration, trade, or labor policies.
Who Is Not Impacted: Private citizens and businesses do not have to directly follow an executive order unless it leads to regulations or policies that apply to them. For example, an executive order directing federal agencies to increase renewable energy use does not mandate action from private companies, but it may influence policy shifts that eventually affect them.
Summary
EO 14173 declares the termination of all discriminatory and illegal preferences, including those related to Diversity, Equity, and Inclusion (DEI) and affirmative action, in federal agencies and the private sector. This Executive Order (EO) rescinds multiple previous EOs, including those concerning Diversity, Equity, and Inclusion (DEI) in environmental justice, promoting diversity, equity, and inclusion in the federal workforce, and Equal Employment Opportunities for federal contractors. EO requires organizations, educational institutions, and public and private sector entities receiving federal grants or contracts to comply with “anti-discrimination” laws that cease promoting diversity-promoting and affirmative action practices.
Impact Analysis
Legal Challenges
Take Institutional Action
Conduct a health equity impact analysis and identify ways organizations, institutions, and regional and local leaders can institute actions to mitigate the negative implications of EO 14173.
Retain programs that focus on non-discrimination, which are still protected by Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act and the American with Disabilities Act.
Modify grant and contract language to emphasize underserved regions and need-based indicators, ensuring compliance with federal policies and ongoing support for vulnerable populations.
Adopt frameworks such as “Health in all Policies” to incorporate needs-based metrics that inform decisions, policies, practices, and program design.
Associated or Derivative Policies
N/A
Policy Prior to 2025
EO 13985 Advancing Racial Equity (Revoked)
EO 13950 Limits Diversity Training (Revoked)
EO 11246 EEO for Federal Contractors (Revoked)
EO 12898 Environmental Justice (Revoked)
EO 13672 EO Prohibiting Discrimination Based on Sexual Orientation and Gender Identity by Contractors and Subcontractors, EO, Further Amendments to EO 11478 EEO in the Federal Government (Revoked)
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