By Ty Hyderally, Esq and Kenny Delgado

January 30, 2025

The country is in a transition period. There is no doubt that with any presidential turnover there are policy changes and administrative changes that affect the workers of the country. However, it is important to discern fact from fiction and not fall into the trap of reading headlines and immediately panicking.

One of the flashiest headlines the past week has been about the revocation of the Civil Rights Act of 1964 and its discrimination protections in the workplace. This is simply not what happened. Although the President did take a drastic measure in revoking a long-standing executive action, the President does not have the power to unilateral revoke the Civil Rights Act. So, let’s go over what the President did and what he did not do in his first week in office.

The Civil Rights Act of 1964 and Title VII

During the Civil Rights Movement one of the biggest victories for those seeking justice was the Civil Rights Act of 1964. Within that law there is Title VII which lays out anti-discrimination protections on the basis of race, national origin, gender and disability.  Although Title VII has been supplemented by other laws it is its positioning in the Civil Rights Act and the effects it has had that have helped foster more diverse workforces.

The Act further created the Equal Employment Opportunity Commission which could bring action against employers in violation of the Act and would act on behalf of employees that face discriminatory action. These laws and subsequent state laws designed with the Civil Rights Act as a template are still active and create many of the protections that shape the landscape of employment law today.

For now, none of this has been revoked by the President. These protections still exist, and Title VII and the Civil Rights Act broadly will continue to function but remember, enforcement has always dependent on the executive branch and their initiatives.

Executive Order 11246

What has been repealed is Executive Order 11246, as Amended, which was originally implemented by President Lyndon B. Johnson on September 24, 1965. This Executive Order had two parts to it.  The first dealt with Nondiscrimination in Government Employment. The second part had to do with Nondiscrimination in Employment by Government Contractors and Subcontractors. This Executive Order was in place for every president following President Johnson, including President Trump’s first term as President.  The Executive Order targeted government contractors and prohibited discriminatory practices that would be evaluated by the Department of Labor. The idea of affirmative action was created in compliance with this Order, which mandated that companies with government contracts make a conscious effort to diversify their workforce. The revocation of the Executive Order not only dismantles affirmative action protocols but also threatens action against companies that maintain those protocols and policies.

Although the revocation of EO 11246 is a drastic change to the general status of employment law, it is not the all-encompassing change that headlines, and social media have claimed.  There are still many protections against discrimination and retaliation that are still in place. Also, despite a rapidly changing federal landscape, there are still significant protections from discrimination and retaliation under New Jersey and New York state laws.  If you have any questions regarding an incident at your place of work, please feel free to give us a call.

En nuestra firma hablamos español.  This blog is for informational purposes only.  It does not constitute legal advice and may not reasonably be relied upon as such.  If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts.  This blog may constitute attorney advertising.  This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state of jurisdiction.