Our colleagues at the National Council of Nonprofits alerted us to a new Executive Order (EO) signed this morning by the President, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The EO:

  • Requires every federal grant or contract to agree it is compliant with “anti-discrimination” laws and does not operate any programs promoting DEI that violate “anti-discrimination” laws.
  • Directs the Office of Management and Budget (OMB) to review all processes, directives, and guidance, and remove all references to DEIA “under whatever name they appear” and terminate all mandates, requirements, programs, and activities.
  • Requires agencies and the Attorney General take appropriate action to advance anti-DEI in the private sector.
  • Requires the Attorney General and agencies to provide recommendations for enforcing anti-DEI and end DEI in the private sector.
  • Requires a report by the Attorney General and agencies to identify up to 9 potential investigations of corporations, large nonprofits or associations, or foundations with assets of $500 million or more or state and local bar and medical associations and higher education institutions with endowments of $1 billion or more.
  • Requires guidance for all education agencies and higher education institutions that receive federal funds or federal student loan assistance. Ending Illegal Discrimination and Restoring Merit-Based Opportunity.

Beyond the EOs, there is a lot of associated activity in federal agencies. All federal agencies are already moving to shut down all DEI programs and put all federal workers related to DEI initiatives on paid administrative leave by 5 p.m. today. At DOJ, the top career employees who oversee immigration courts have been fired.

Actions You Can Take

NAO is inviting you to a free webinar this Friday, January 24th, from 12 p.m. to 1 p.m. to hear additional information about these EOs and allow an opportunity for discussion. The webinar will not be recorded, but we will hold future discussions as needed.

Register Here

NAO will continue to work with State Associations and the National Council of Nonprofits to track executive actions and congressional legislation pertinent to the nonprofit sector, offering updates as they arise. Join NAO to stay updated on crucial policy matters affecting charitable nonprofits. Your membership supports this vital work effort.