Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

The post Client Alert: What President Trump’s Executive Order on DEI Means for Employers appeared first on Weiss Serota Helfman Cole + Bierman.

Specifically, a former Emergency Medical Technician (“EMT”) for Hillsborough County brought suit against the County after the County suspended him for testing positive for marijuana in a random drug test. The Court determined that the County violated the Florida Civil Rights Act by failing to accommodate the EMT’s legal use of medical marijuana outside of work hours despite the fact that the State’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana. The EMT had provided a valid Medical Marijuana Card issued by the Florida Department of Health, confirming his prescription for treating anxiety, PTSD, and insomnia. The Court emphasized that Article X, Section 29 of the Florida Constitution allows qualified patients to use medical marijuana off-site and requires employers to make reasonable accommodations for such use.

This trial court decision, while noteworthy, holds no precedential value and does not affect other courts throughout the state of Florida. Employers may still wish to consider whether to adopt policy changes in light of the issues raised by this ruling. If you have any questions or need assistance regarding this matter, please feel free to reach out to us.

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