Back in February, we shared information about Navigating Recent Executive Orders and Their Impact on Hawaii’s Employers. Since then, a lot has happened, from court decisions blocking some executive orders to governing agencies updating guidance affecting employers.
Employers should note that on March 19, 2025, the U.S Equal Employment Opportunity Commission (EEOC) issued guidance regarding DEI initiatives in the workplace, explaining that Title VII protections apply to all employees and any employment action motivated by a protected class may violate Title VII.
Listed below are some updates that may affect you (New information is in bold):
| EO/Topic | Important Information | Affected ERs | Potential Impacts |
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Revokes AAP requirements for certain federal contractors relating to race, color, sex, sexual orientation, religion, or national origin. Combats private sector DEI related preferences and policies. While this EO is pending litigation, on 3/14/25, the Fourth Circuit Court of Appeals is allowing this EO to remain in effect. On 3/19/25, the EEOC and DOJ released two guidance documents reminding that Title VII prohibits discrimination against and employer actions motivated by protected characteristics, including race, color, national origin, sex, and religion, and that protections apply equally to all individuals and groups. |
Federal Contractors and All Employers |
AAPs related to race, color, sex, sexual orientation, religion, or national origin must cease by April 21, 2025. Note that AAP requirements under VEVRAA (Vietnam Era Veteran Readjustment Act), Section 503 of the Rehabilitation Act relating to disability, and EEO-1 reporting requirements remain in effect. Federal contractors must “certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” All employers should review all policies potentially related to DEI to align with the EO and guidance from the EEOC and DOJ. |
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Federal Contractor Minimum Wage/ EO14148 |
Revoked previous EO setting federal contract minimum wage at $17.75/hour. This revocation reverts the federal contractor minimum hourly wage to either $7.25 (federal minimum wage) or $13.30 (federal contractor minimum wage set by the Obama Administration). |
Federal Contractors |
Wait for further guidance from the U.S. Department of Labor. Note that Hawaii’s minimum wage is $14 per hour. |
|
Gender Discrimination/ EO14168 |
The federal government recognizes only 2 sexes, male and female, and removed gender-identity from federal anti-discrimination laws. The EEOC rescinded 2024 guidance relating to gender-identity harassment. |
All Employers |
Review policies related to sex and gender, including restroom access. |
|
Immigration/ EO14159 |
Enforcing immigration laws to protect national security and public safety, including prosecuting criminal offenses related to unauthorized entry and presence in the U.S and enforcing deportation requirements for undocumented individuals. |
All Employers |
Prepare for Form I-9 audits. |
Businesses should note that the orders listed above are only a few key ones that may impact you. HEC will continue to monitor this situation and provide updates as appropriate.
Please note the information provided is for informational purposes only and may not reflect the most current regulatory developments. We strive to keep our materials up to date, but there may be occasions when information becomes outdated. Users are encouraged to verify the applicability of the content before relying on it for decision-making. If you have any questions or concerns regarding the accuracy or relevance of the information, please contact us directly for assistance.