We represent victims of reverse discrimination and anti-DEI whistleblowers

President Donald Trump has revoked Executive Order 11246, issued by President Lyndon Johnson, which required government contractors to adopt what were supposed to be nondiscriminatory practices in hiring and employment. Unfortunately, in the real world, there is strong evidence that these policies had the opposite effect. 

When repealing the order, President Trump characterized diversity, equity and inclusion (DEI) practices, such as the rule regarding federal contracts, as “illegal” and “immoral.” This action represents a fundamental shift away from mandated DEI programs and opens the door to legal efforts aimed at providing relief to victims of what is commonly referred to as “reverse discrimination.” As Congress investigates whether DEI initiatives have violated anti-discrimination laws, employers are being warned to preserve key records in anticipation of potential litigation.

At Kardell Law Group, we utilize document holds as well when advocating for victims in reverse discrimination and anti-DEI cases. When pursuing these types of claims, key records often include one or more of the following:

• EEO-1 reports —These reports provide a demographic breakdown of employees across job categories and are often central to proving or refuting claims of discrimination.

• Affirmative action plans — Written plans outlining measures to promote equal employment opportunities can be used to examine whether such efforts harmed non-minority workers.

• Project-specific compliance reports — Certain federal and state government projects might have specific requirements relating to hiring or vendor ownership. Our firm analyzes these documents to identify examples of unlawful bias.  

• Recruitment and hiring efforts — Documentation showing how diverse candidates were recruited and hired can reveal whether DEI initiatives crossed legal boundaries.

The revocation of Executive Order 11246 may embolden individuals who feel they have been adversely affected by DEI practices to pursue legal action. Employers, meanwhile, must prepare for increased scrutiny by maintaining transparency and thorough documentation regarding their hiring and employment standards.

If you believe you’ve been impacted by reverse discrimination or have concerns about DEI initiatives in your workplace, contact Kardell Law Group. We will evaluate the circumstances of your case and will press for appropriate relief if the facts support a claim. Schedule a consultation today to learn more.