Prohibited Terms and Practices in Federal Government Contracts
The federal government continuously updates its contracting regulations, and recent executive orders and policy changes have restricted or eliminated the use of certain terms in federal contracts. Whether you're a government contractor or an aspiring vendor, it's essential to stay informed about these evolving requirements. Below is a breakdown of key terms and provisions that are now prohibited or restricted in federal government contracts.
1. DEIA (Diversity, Equity, Inclusion, and Accessibility) Terminology
A major shift occurred with Executive Order 14173, titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity." This order bans federal departments from issuing contracts to private organizations that enforce DEIA frameworks and mandates the removal of DEIA-related language from federal contracts and communications.
List of DEIA Terminology:
Diversity
Equity
Inclusion
Accessibility
Unconscious Bias
Implicit Bias
Cultural Competency
Systemic Racism
Anti-Racism
Intersectionality
Microaggressions
Structural Inequality
White Privilege
Social Justice
Allyship
Inclusive Leadership
Gender Identity
Non-Binary
LGBTQ+ Inclusion
Equal Opportunity Initiatives
Affirmative Action
Workplace Equity Programs
BIPOC (Black, Indigenous, and People of Color)
DEI Training
Representation Goals
Pay Equity Studies
Employee Resource Groups (ERGs)
Social Determinants of Health (SDOH)
Inclusive Hiring Practices
2. Gender Identity Terms
A directive from the Trump administration now requires federal agencies to remove references to "gender ideology" in contracts, job descriptions, and official communications. This includes eliminating terms such as "gender identity" and "non-binary" while replacing "gender" with "sex" on government forms.
List of Gender Identity Terms:
Gender Identity
Non-Binary
Genderfluid
Genderqueer
Agender
Bigender
Cisgender
Transgender
Gender Non-Conforming
Gender Expansive
Pangender
Third Gender
Assigned Female at Birth (AFAB)
Assigned Male at Birth (AMAB)
Gender Dysphoria
Gender Expression
Gender Transition
Preferred Pronouns
Misgendering
Deadnaming
Gender-Affirming Care
3. Affirmative Action and Equal Employment Opportunity (EEO) Language
With the revocation of Executive Order 11246, federal contractors are no longer required to implement affirmative action programs or adhere to non-discriminatory hiring practices based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Consequently, language pertaining to these obligations is no longer permitted in federal contracts.
The following EEO language should be removed or revised in federal government contracts due to the revocation of Executive Order 11246:
"Equal Employment Opportunity Employer" (when referring to race, color, religion, sex, sexual orientation, gender identity, or national origin)
"Affirmative Action Compliance" or any requirement to implement affirmative action programs
"Non-Discrimination in Hiring" (when specifically tied to diversity initiatives)
"Commitment to Diversity in Hiring" or any statement that prioritizes race, gender, or other protected characteristics in hiring
"Minority and Women-Owned Business Preferences" (unless explicitly required under a separate federal contracting rule)
"LGBTQ+ Inclusive Workplace" or references to LGBTQ+ hiring policies
"Equal Pay for Equal Work Compliance" if tied to affirmative action measures
"Bias and Sensitivity Training Requirements" if linked to diversity or equity goals
"Diversity Hiring Goals or Quotas" that reference race, gender, or other protected classes
Staying Compliant
These changes reflect the current administration's policies and legal interpretations. As regulations evolve, contractors should review the latest federal requirements and consult legal counsel to ensure compliance. Staying updated on these modifications will help your business avoid unnecessary complications and remain competitive in the federal contracting space.
