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The EO rescinds Executive Order 11246, which mandated certain aspects of the affirmative action requirements. The EO also bars “illegal” DEI programs and promotes “colorblind equality” and merit-based opportunity.

While there are still many unanswered questions about the EO — and legal challenges are expected — provided below is a summary of the impact of the EO on joint apprenticeship training committees (JATCs) that are sponsored by �鶹��� members.

For contractors that sponsor jointly-trusteed registered apprenticeship programs (or JATCs) subject to the affirmative action requirements of 29 C.F.R. Parts 29 and 30, many contractors have questioned whether the EO impacts these requirements.

As an initial matter, it is important to remember that the affirmative action obligations on JATC programs were established by federal regulations issued by the Department of Labor’s Employment and Training Administration (ETA).2 The current affirmative action regulations were issued by the ETA back in 2016.3 What's more, the 2016 regulations were issued by the ETA pursuant to federal law, including the National Apprenticeship Act.4 

The EO does not purport to revoke the ETA’s 2016 regulations. And, even if it did, the Administrative Procedure Act provides that federal regulations can only be changed through a notice and comment procedure. Thus, in order to change the ETA’s 2016 regulations, the Trump administration would need to issue a proposed rule, request public comment, and then publish a final rule as it relates to the affirmative action requirements for JATC programs in 29 C.F.R. Parts 29 and 30. While the ETA could issue a proposed rule in the future, that has not happened yet.

It is also important to note that for JATCs receiving federal funding or federal grants, the Trump administration may condition those federal funds on the elimination of DEI programs or prohibit grantees from seeking reimbursement for the costs associated with DEI programs.

As noted above, the EO does provide that the Attorney General and the Secretary of Education will issue guidance within 120 days. According to the EO, the guidance will address “all State and local educational agencies that receive Federal funds, as well as all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program under Title IV of the Higher Education Act, 20 U.S.C. 1070 et seq., regarding the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).”

The full effect of the EO is yet to be determined as we wait for additional information and guidance from the Trump administration. 

Though the EO will likely be challenged and a lot of questions remain, federal contractors and subcontractors (and other employers) should review their DEI policies and practices for compliance now with existing law and consult their counsel for guidance to ensure they are prepared.

We will continue to monitor these legal issues as they develop. 

Grant Collins is a specialist in labor and employment law at Felhaber Larson. Reach him at gcollins@felhaber.com. This is part two of a column discussing the changes to various programs based on this Executive Order. For part one, please check out the January/February 2025 issue of SMACNews at www.smacna.org.