On March 26, 2026, President Trump signed Executive Order (“EO”) 14398. 91 Fed. Reg. 16,147 (Mar. 31, 2026) (“EO 14398”). The EO is titled “Addressing DEI Discrimination by Federal Contractors.” This was the second EO President Trump signed about diversity, equity, and inclusion (DEI) in federal contracting.1 On January 21, 2025, the day after he took office, President Trump signed EO 14173. 90 Fed. Reg. 8,633 (Jan. 31, 2025) (“EO 14173”). That order also set rules limiting how government contractors use certain DEI programs. EO 14398 does not replace or supersede EO 14173. As a result, government contractors and subcontractors now face an added layer of complexity from the new EO. The following aims to simplify that complexity. It also highlights issues that may deserve further review by government contractors and subcontractors.
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