Labor & Employment Law Daily Wrap Up, WHITE HOUSE NEWS—The ‘A’ in ‘DEIA’ that stands for ‘accessibility’ and its involvement in Trump’s recent executive orders, (Jan 24, 2025)

By Brandi O. Brown, J.D.

“Almost unbelievably, as a diversity, equity, and inclusion (DEI) initiative,” a White House release states, “the Biden FAA specifically recruited and hired individuals with ‘severe intellectual’ disabilities, psychiatric issues, and complete paralysis over other individuals....”

In his executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” President Trump took aim not only at DEI, but also “DEIA” policies. The “A” in “DEIA” stands for accessibility, and the order states that, along with DEI, “‘diversity, equity, inclusion, and accessibility’ (DEIA)... can violate the civil-rights laws of this Nation.” And while the order appears to focus on race and sex as the primary alleged offenders, “DEIA” was not included without a purpose. Indeed, in another order entitled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” OMB and OPM are instructed to “coordinate the termination of all discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear.”

FAA disability hiring. The next day, the Oval Office issued a directive entitled “Keeping Americans Safe in Aviation” and in it, the President specifically called out the hiring of individuals with disabilities in the FAA:

During the prior administration, however, the FAA betrayed its mission by elevating dangerous discrimination over excellence. For example, prior to my Inauguration, the FAA Diversity and Inclusion website revealed that the prior administration sought to specifically recruit and hire individuals with serious infirmities that could impact the execution of their essential life-saving duties.

Illegal and discriminatory diversity, equity, and inclusion (DEI) hiring, including on the basis of race, sex, disability, or any other criteria other than the safety of airline passengers and overall job excellence, competency, and qualification, harms all Americans, who deserve to fly with confidence. It also penalizes hard-working Americans who want to serve in the FAA but are unable to do so, as they lack a requisite disability or skin color. FAA employees must hold the qualifications and have the ability to perform their jobs to the highest possible standard of excellence (emphasis added).

He then orders the Secretary of Transportation and the Federal Aviation Administrator to take related actions, including rescinding “dangerous preferencing policies or practices” in favor of “hiring, promoting, and otherwise treating employees on the basis of individual capability, competence, achievement, and dedication.”

“Almost unbelievably.” In the Fact Sheet released the next day relating to the order, the Oval Office explained its termination of “this illegal and dangerous program” and “requiring that all FAA hiring be based solely on ensuring the safety of airline passengers and overall job excellence”:

Almost unbelievably, as a diversity, equity, and inclusion (DEI) initiative, the Biden FAA specifically recruited and hired individuals with “severe intellectual” disabilities, psychiatric issues, and complete paralysis over other individuals who sought to work for the FAA.

Nevertheless, it was under Trump’s administration in 2019 that the FAA Office of Civil Rights announced a pilot program to “help prepare people with disabilities for careers in air traffic operations.” In early 2024, amid negative reporting regarding the FAA’s DEIA program, Elon Musk, who is now serving as the an inaugural leader of President Trump’s newly-announced “Department of Government Efficiency” (DOGE), had responded, asking on social media, “Do you want to fly in an airplane where they prioritized DEI hiring over your safety? That is actually happening.”

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