On January 21, 2025, President Donald Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This order rescinded Executive Order 11246, which had been in place since 1965 and was initially signed by President Lyndon B. Johnson. Executive Order 11246 required federal contractors to implement affirmative action programs and prohibited discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. The repeal of this order represents a significant shift in federal policy, raising questions about its implications for anti-discrimination efforts, particularly in states and localities like New York, which have robust protections against workplace discrimination.

The repeal of Executive Order 11246 eliminates the requirement for federal contractors to establish affirmative action programs to promote diversity and equal employment opportunities. However, it is important to note that other federal anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, remain in effect. These laws continue to prohibit discrimination based on race, color, religion, sex, and national origin, ensuring that federal contractors must still comply with basic anti-discrimination standards.

New York State’s anti-discrimination laws, particularly the New York State Human Rights Law (NYSHRL), provide broader protections than federal laws and remain unaffected by the federal rollback. The NYSHRL prohibits employment discrimination on a wide range of bases, including age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, disability, marital status, familial status, and domestic violence victim status. New York employers must comply with these comprehensive protections regardless of changes at the federal level.

Notably, the NYSHRL has been expanded in recent years to include protections against harassment and discrimination that do not rise to the level of being “severe or pervasive,” making it easier for employees to bring claims. This underscores the state’s commitment to maintaining equitable workplaces and holding employers accountable for discriminatory practices.

The New York City Human Rights Law (NYCHRL) is even more expansive than the NYSHRL and is widely regarded as one of the strongest anti-discrimination laws in the country. It prohibits discrimination in employment, housing, and public accommodations on an extensive list of protected characteristics, including race, gender, gender identity or expression, sexual orientation, immigration or citizenship status, and criminal history under the Fair Chance Act, among others.

Unlike federal laws, the NYCHRL explicitly mandates a “liberal construction” to fulfill its remedial purposes. This means that courts and agencies are required to interpret the law in a way that provides the maximum level of protection for employees. The NYCHRL also imposes obligations on employers to take affirmative steps to prevent discrimination and harassment, such as conducting annual sexual harassment training and accommodating employees’ religious practices and disabilities.

Eliminating federal affirmative action requirements may have a chilling effect on corporate diversity, equity, and inclusion (DEI) initiatives, particularly among federal contractors. However, employers in New York City and State must tread carefully. Any reduction in DEI programs or diversity-focused hiring practices could lead to claims of systemic discrimination or disparate impact under the NYSHRL or NYCHRL. For instance, scaling back diversity initiatives might be seen as evidence of bias, mainly if it adversely affects underrepresented groups.

Additionally, New York City’s Pay Transparency Law, which requires employers to disclose salary ranges in job postings, aligns closely with affirmative action goals by promoting transparency and addressing pay inequities. While federal rollbacks may lessen the emphasis on workplace equity nationwide, New York’s legal framework continues to push for greater fairness and accountability in employment practices.

The repeal of federal affirmative action requirements highlights the importance of leveraging state and local laws to protect workers. The NYSHRL and NYCHRL provide robust tools for addressing discrimination and harassment, offering broader protections than federal laws and enabling attorneys to pursue claims that might not succeed under federal statutes.

Any reduction in DEI efforts or other workplace equity programs could provide grounds for legal action if they result in disparate treatment or adverse impacts on protected groups. Moreover, the NYCHRL’s focus on eliminating even subtle forms of bias ensures that employees have a strong foundation for addressing systemic inequities.

While President Trump’s executive order marks a significant change in federal policy, it does not alter the comprehensive anti-discrimination protections provided by New York State and New York City laws. Employers in these jurisdictions remain subject to stringent legal requirements to promote workplace equity and prevent discrimination. This serves as a reminder of state and local laws’ critical role in safeguarding employee rights and ensuring accountability for discriminatory practices. By leveraging the protections offered under the NYSHRL and NYCHRL, there is still an avenue for employees to ensure fairness and inclusion in the workplace.

For anyone who has been a target of workplace discrimination in New York, working with a qualified and knowledgeable attorney is often the best course of action for effectively addressing these issues. At Risman & Risman, we offer adept legal help for those facing workplace discrimination. Our team can provide you with specialized legal services for your issues. Call us today at 212-233-6400 to schedule a free initial consultation with our team.

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