Do the 2025 federal DEI changes affect my rights at work?

This page explains federal changes since 2025 and how they affect workers in California. It is general information, not legal advice. Rules are changing and some are in court. We checked everything on October 21, 2026.

Did the new federal orders take away my protection from discrimination?

No. An executive order directs federal agencies. The anti-discrimination laws passed by Congress and by California are still in force.

• Title VII of the federal Civil Rights Act still bans job discrimination based on race, color, religion, sex and national origin, at employers with 15 or more workers. The EEOC itself says Title VII "prohibits employment discrimination based on protected characteristics such as race and sex" (EEOC).
• The U.S. Supreme Court held in 2020 that firing someone for being gay or transgender is sex discrimination under Title VII (Bostock v. Clayton County). That ruling still stands.
• California's Fair Employment and Housing Act (FEHA) bans discrimination at employers with 5 or more workers and harassment at every workplace. It covers race, color, ancestry, national origin, religion, age 40 and over, disability, sex and gender (including pregnancy and breastfeeding), sexual orientation, gender identity and expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision making (CRD).
• FEHA protects you whatever your immigration status, and CRD does not ask about it.

What changed is mostly how federal agencies enforce the law and what federal guidance says, not the laws themselves.

What did the January 21, 2025 order do?

Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," was signed January 21, 2025 (Federal Register, 90 FR 8633). It:

• Revoked Executive Order 11246 (Equal Employment Opportunity), the long standing order that set equal opportunity and affirmative action duties for federal contractors
• Requires federal contractors and grant recipients to certify they do not run DEI programs that violate federal anti-discrimination laws, and makes that a term that can matter for payment
• Directed agencies to look into private sector DEI, with each agency to identify up to nine possible investigations of large companies, nonprofits, foundations and universities

It does not say workers lose any right to sue for discrimination. It also says it does not stop protected speech, or lawful preferences for veterans.

Court challenge. A lower court had blocked parts of the order. On February 6, 2026, the federal appeals court for the Fourth Circuit vacated that preliminary injunction and sent the case back (NADOHE v. Trump, No. 25-1189). Other lawsuits may still be going on.

What else changed at the federal level?

• Disparate impact. Executive Order 14281 (April 23, 2025) told federal agencies to deprioritize enforcing disparate impact rules, including under Title VII (Federal Register, 90 FR 17537). "Disparate impact" means a rule that looks neutral but falls much harder on one group, like a test that screens out most applicants of one race without being needed for the job.
• Harassment guidance. On January 22, 2026, the EEOC voted 2 to 1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The EEOC said that this "does not give employers license to engage in unlawful harassment" and that federal laws against harassment remain in place (EEOC, January 23, 2026).
• Affirmative action guidance. In late June 2026, the EEOC voted to rescind its guidelines on affirmative action under Title VII and the related Compliance Manual section (EEOC, June 30, 2026).
• DEI related discrimination. The EEOC now warns that some DEI practices can themselves be illegal, such as limiting employee resource groups to one race or sex, separating workers by race or sex for training, or making job decisions based on race or sex (EEOC). Title VII protects every worker, of every race and sex.

Guidance explains how an agency reads the law. Losing guidance does not erase the law.

Does California still protect me?

Yes. California's civil rights law is a separate state law, passed by the Legislature (Gov. Code 12940). A presidential executive order directs federal agencies. It does not rewrite a state statute. California's Civil Rights Department still takes FEHA complaints (CRD).

• Disparate impact still counts in California. State rules say a practice that has an adverse impact on job opportunities based on a protected trait is illegal unless it is job related and consistent with business necessity (2 CCR 11017).
• Gender identity and expression are protected under FEHA (CRD). See Your rights as an LGBTQ worker.
• Smaller employers are covered. FEHA's discrimination rules start at 5 workers, and harassment rules cover all employers. Federal Title VII starts at 15.
• Longer deadline. CRD usually allows three years. The EEOC deadline in California is 300 days.

CRD and the EEOC have a worksharing agreement (CRD). When you file, ask whether your complaint will also be filed with the other agency.

My company ended its DEI program. Can it do that?

Usually yes. A company does not have to have a DEI program, an employee resource group, or diversity training. Ending one is not, by itself, discrimination against you.

What a company still cannot do:

• Fire, demote, pay less or refuse to hire you because of a protected trait
• Allow harassment based on a protected trait
• Punish you for complaining about discrimination or helping a coworker complain (What counts as illegal retaliation)
• Use a policy that screens out a protected group without a real job need (California)

If your job was cut or changed at the same time, ask: was it really about the program ending, or about who you are? Write down the facts and get advice.

What should I do if I am treated unfairly?

1. Write it down. Date, what happened, who did it, who saw it, and what was said.
2. Save proof. Emails, texts, reviews, schedules and pay stubs. Use your own phone or email.
3. Report it inside the company if it is safe, in writing. Keep a copy.
4. File with CRD within three years, or with the EEOC within 300 days. You can file with both. See How to file a discrimination complaint.
5. Get free advice from a workers' rights clinic.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Civil Rights Department: 800-884-1684, TTY 800-700-2320, Relay 711, Monday to Friday 8 a.m. to 5 p.m. Forms in seven languages. How to file
• U.S. EEOC: federal charges. How to file a charge
• Legal Aid at Work Workers' Rights Clinic: free and confidential within income limits or age 60 and over. 415-864-8848; East Palo Alto line (415) 404-9093. Workers' Rights Clinic
• More options: Free help with a work problem in the Bay Area

Questions people ask

I work for a federal contractor. Do I lose protection? No. The order ended the contractor affirmative action program, not your right to be free from discrimination. Title VII and, in California, FEHA still apply. Federal contractors' own rules for veterans and people with disabilities come from separate laws not covered on this page.

Is harassment still illegal now that the EEOC guidance is gone? Yes. The EEOC said federal laws against harassment remain in place, and California bans harassment at every workplace.

My employee group was shut down. Is that discrimination? Not by itself. If you were punished for being in the group or for speaking up about discrimination, that may be retaliation.

Will filing a complaint affect my immigration case? CRD does not ask about immigration status. If your employer threatens to report you because you complained, that is illegal in California. See If your boss threatens to call immigration.

Is there a worksheet I can print?

Laws change slowly, and your rights did not vanish overnight. Use them.