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WASHINGTON, D.C. – Today, America First Legal (AFL) filed a formal petition for rulemaking urging the U.S. Department of Energy (DOE) to rescind a federal contracting regulation that forces contractors to adopt and maintain race- and sex-based “Diversity, Equity, Inclusion, and Accessibility” (DEIA) plans.
The regulation, 48 C.F.R. § 970.5226-1, requires DOE management and operating contractors to prepare, submit, and annually update written DEIA plans as a condition of doing business with the federal government. AFL’s petition explains that this requirement pressures contractors to sort, evaluate, and favor employees and applicants based on race and sex — encouraging quotas and preferences that violate federal civil rights law and the U.S. Constitution’s guarantee of equal protection.
Originally adopted decades ago as a supposedly neutral provision encouraging outreach to small and disadvantaged businesses, this rule was dramatically expanded in 2024 to require formal DEIA plans aligned with Biden-era diversity initiatives. The revised rule now mandates subjective goals, progress reporting, and “innovative strategies” to promote diversity across hiring, subcontracting, and workforce practices — without clear standards or lawful guardrails.
AFL’s petition details how the DEIA plan requirement:
Conflicts with federal civil rights statutes that prohibit race- and sex-based decision-making. Injects vague, subjective, and ideological criteria into federal contracting decisions. Exposes contractors to significant legal risk by pressuring them to adopt potentially unlawful preferences. Diverts time and resources away from critical technical, safety, and mission-focused work. Remains on the books despite being inconsistent with current executive policy.
In January 2025, President Trump signed Executive Order 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” directing federal agencies to terminate discriminatory and wasteful DEI mandates. DOE has since announced that it will no longer enforce the diversity plan requirement. However, the regulation itself remains formally in effect, meaning it could be reactivated at any point desired in the future. AFL urges DOE to rescind the rule.
AFL urges DOE to initiate formal rulemaking to remove the diversity plan requirement and restore a neutral, merit-based approach to federal contracting that treats all Americans equally under the law.
“Leaving an unlawful DEI mandate on the books while pretending not to enforce it is unacceptable,” said Alice Kass, Attorney at America First Legal. “The Department of Energy has already acknowledged that this rule conflicts with current law and policy. The only lawful course is full rescission — not quiet suspension.”
America First Legal remains committed to defending the Constitution, enforcing civil rights protections, and ensuring that federal agencies faithfully execute the law without ideological coercion.
Read the full petition for rulemaking here.
Read more about AFL’s fight against DEI here.
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