PRESIDENT TRUMP SEEKS TO ELIMINATE DEI IN THE SKIES
March 13, 2025
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Following the fatal accident at Reagan National Airport, President Trump emphasized his Keeping Americans Safe in Aviation order suspending diversity, equity and inclusion (“DEI”) initiatives, including those pertaining to recruitment and hiring, within DOT and the Federal Aviation Administration (“FAA”). The order directs Secretary Duffy and the acting FAA Administrator to review the performance of all individuals in critical safety positions and ensure any incapable individuals are immediately replaced. As background, President Trump issued several DEI-related orders during the first week of his administration to broadly eliminate DEI initiatives across the federal government. While the orders do not currently apply to private sector employers, please note that these orders broadly discourage DEI initiatives in the private sector, and federal agencies have been directed to identify the “most egregious and discriminatory DEI practitioners” in the private sector. Moving forward, federal agencies are advised to recommend private sector organizations for potential civil investigations and assess whether private employers with DEI initiatives are using “illegal preferences and discrimination” when hiring/promoting employees. Opponents fear that the move could further hinder recruiting, aviation safety, and retention across the industry at a time when the FAA faces air traffic controller shortages nationwide.
On January 30, 2025, President Trump also issued his Immediate Assessment of Aviation Safety order to further rescind DEI initiatives which were implemented during the former Obama and Biden administrations. While Secretary Duffy and the acting FAA Administrator evaluate employee performance in critical safety positions, staffing shortages at air traffic control facilities continue to delay air travel for millions of passengers. DOT and the FAA will need to work quickly to implement President Trump’s merit-based recruitment, hiring, and promotion directive to better equip air traffic control facilities throughout the United States.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or Tyler Myers at 202.659.6642 or tmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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