EO 14190 removes Diversity, Equity, and Inclusion (DEIA) considerations from tenure and promotion in the Foreign Service; it defines “discriminatory equity ideology” as treating people primarily as members of “preferred or disfavored groups,” rather than as individuals. The Order restricts DEIA practices by prohibiting the basing of Foreign Service recruitment, hiring, promotion, or retention on race, color, religion, or national origin, which mirrors current civil rights law. It also directs employees not to promote, advocate for, or otherwise engender support for “discriminatory equity ideology.” The Order calls for investigations and discipline for Foreign Service members who “knowingly and willfully” engage in “unconstitutional or otherwise illegal discrimination” based on race or other protected characteristics. This EO targets the personnel systems of foreign affairs agencies, but it’s clearly nested in a larger effort to dismantle DEIA across all federal domains, thereby having a detrimental impact on all groups most impacted by systemic biases.
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 14190 declares that hiring in foreign service policy positions shall be based solely on merit, and it asserts that divisive and discriminatory policies have been embedded in the federal government over the past four years, including hiring processes and employment performance evaluations in the Foreign Service. The policy explicitly applies to the U.S. Department of Agriculture, the U.S. Department of Commerce, USAID, and the U.S. Agency for Global Media.
Impact Analysis
Legal Challenges
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Take Institutional Action
- Keep practices that reduce bias in hiring. These are hiring strategies that are not specifically identity-based that can reduce the natural biases we have and, in effect, help to equal the playing field in the hiring process.
- 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.
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