What is an Executive Order?

Lately, US citizens are asking what is an executive order.  An executive order is a powerful tool presidents use to direct government actions without congressional approval. When a president signs one, federal agencies must follow these written directives that can significantly impact workplaces across the country. Executive orders can directly affect your workplace rights, diversity initiatives, and employment protections, as we’ve seen with recent orders targeting DEI programs.

 

 

Recent executive actions, like those signed in early 2025, demonstrate how quickly workplace policies can change with a new administration. For example, the January 2025 executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” created immediate concerns for employers who had implemented diversity programs. These orders have prompted many organizations to review their policies while balancing compliance with federal directives and their commitment to inclusive workplaces.  In addition, it confused many employers who use merit-based solely with performance reviews of existing employees and use DEI hiring to make applicant pools more inclusive of everyone.

 

Understanding Executive Orders

Executive orders represent a powerful tool used by U.S. presidents to direct government actions. They allow presidents to implement policies without congressional approval, though they must stay within existing laws and constitutional boundaries.  If they are not within existing laws and constitutional boundaries, that can halt the legal leverage that they can impose.

Definition and Legal Basis

An executive order is a written directive signed by the president that instructs the government to take specific actions. These orders carry the force of law but aren’t laws themselves.

They derive their authority from two main sources:

• The Constitution: Article II grants the president executive power
• Federal laws: Many statutes explicitly allow presidents to issue directives

Executive orders must “faithfully execute” existing laws, as required by the Constitution. They cannot create new laws or override congressional legislation.

The president issues these orders in their capacity as head of the executive branch. While powerful, they face limits from both Congress and the courts, which can overturn orders that exceed presidential authority.

Issuance and Scope

When a president signs an executive order, it’s published in the Federal Register and assigned a number. Most orders direct executive branch agencies and staff to take or stop specific actions.

The scope of executive orders can be quite broad, covering areas like:

• Federal workplace policies
• Environmental regulations
• National security matters
• Civil rights enforcement

You’ll find that executive orders typically affect federal employees and contractors directly. They can establish workplace rules, set hiring practices, and determine labor standards for government operations.

Private sector impacts are usually indirect, though significant orders may eventually affect your business through regulatory changes. Presidents often use these orders to advance policy goals when legislation stalls in Congress.

Historical Context of Executive Orders

Executive orders have played crucial roles throughout American history. George Washington issued the first order in 1789, but the practice expanded significantly during the 20th century.

Some of the most impactful orders include:

• Lincoln’s Emancipation Proclamation (1863)
• Roosevelt’s Executive Order 9066 authorizing Japanese internment (1942)
• Truman’s order desegregating the military (1948)
• Johnson’s affirmative action requirements for federal contractors (1965)

The use of executive orders has increased over time as presidents face congressional gridlock. Franklin Roosevelt issued the most orders (over 3,700), while modern presidents typically issue 30-50 per year.

You might notice that controversial orders often face legal challenges. The Supreme Court has struck down orders that exceed presidential authority, maintaining the balance of power among government branches.

Executive Orders in 2025​

Since President Donald Trump began his second term in January 2025, his administration has issued over 120 executive orders, many of which have significantly impacted the U.S. workplace and career landscape. These directives have reshaped federal employment policies, influenced private sector practices, and altered the broader economic environment.

 

Federal Workforce Overhaul

1. Reinstatement of Schedule F

President Trump reinstated the controversial “Schedule F” classification, allowing for the reclassification of certain federal employees into roles with fewer civil service protections. This move facilitates the removal of employees in policy-making positions, potentially leading to increased political influence over traditionally nonpartisan roles. ​(reference: Gibson Dunn)

2. Workforce Reduction and Hiring Freeze

An executive order imposed a hiring freeze across federal agencies, with exceptions for military, immigration enforcement, national security, and public safety roles. Additionally, a buyout program led to the voluntary departure of approximately 77,000 federal workers. This reduction has raised concerns about the government’s capacity to attract and retain young talent, particularly from Generation Z. (reference: ​Business Insider Government Executive)

3. Return-to-Office Mandate

Federal employees were ordered to return to full-time, in-person work, reversing previous remote work policies. This shift has prompted debates about work-life balance and the modernization of federal employment practices. (reference: ​Aprio)

Diversity, Equity, and Inclusion (DEI) Rollbacks

4. Limiting DEI Programs

Executive orders have curtailed DEI initiatives within federal agencies and among federal contractors. Programs perceived as discriminatory or involving quotas based on race or gender have been targeted, leading to a reevaluation of workplace diversity strategies. (Reference: ​Patterson Belknap Webb & Tyler)

5. Redefinition of Sex and Gender Policies

A directive titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” redefined federal policy to recognize only biological sex, impacting workplace policies related to gender identity and potentially affecting protections for transgender and nonbinary employees. ​(Reference: National Law Review)

6. Dismissal of EEOC Commissioners

The administration removed two Democratic commissioners from the Equal Employment Opportunity Commission (EEOC), disrupting the agency’s bipartisan structure and hindering its ability to enforce workplace discrimination laws effectively. (Reference: ​AP News)

Economic and Trade Policies Affecting Employment

7. Implementation of Broad Tariffs

President Trump imposed tariffs of up to 25% on imports from countries including Canada, Mexico, and China, aiming to protect domestic industries. While intended to bolster U.S. manufacturing, these tariffs have led to increased costs for businesses and consumers, potentially affecting employment in sectors reliant on international trade. ​

8. Tariffs on Countries Importing Venezuelan Oil

An executive order introduced a 25% tariff on goods from nations purchasing Venezuelan oil, further complicating international trade relations and potentially impacting U.S. businesses engaged in global supply chains. ​

Energy and Environmental Policy Shifts

9. Ban on New Offshore Wind Projects

The administration halted new offshore wind energy leases in federal waters, affecting the renewable energy sector and associated job creation. Projects that had secured permits prior to the ban, such as Empire Wind 1 off the coast of New York, are proceeding, but future developments face uncertainty. (Reference: ​New York Post)

10. Reversal of Water Efficiency Standards

An executive order rolled back regulations on water efficiency for appliances like showerheads and dishwashers, citing concerns over federal overreach. This policy change may influence manufacturing standards and consumer product markets. ​(Reference: New York Post)

Legal and Institutional Changes

11. Targeting of Law Firms

The administration has taken actions against law firms perceived as opposing its policies, including suspending access to government facilities and threatening federal contracts. These measures have prompted some firms to alter their practices and raised concerns about the independence of the legal profession. ​(Reference: The Guardian)

12. Closure of the Department of Education

An executive order directed the dismantling of the U.S. Department of Education, aiming to transfer authority over education to state and local governments. This significant structural change could have far-reaching implications for educational policy and employment within the sector. ​(Reference: Congressman Steve Cohen).  A total of 1,315 employees were laid off after this executive order was signed.

Executive Privilege

Executive privilege gives presidents the authority to withhold certain information from other branches of government. This power helps protect sensitive communications while raising important questions about transparency and the separation of powers.

Legal Framework of Executive Privilege

Executive privilege is not explicitly mentioned in the Constitution but has evolved through court rulings and government practice. The doctrine of executive privilege defines the president’s authority to withhold certain documents or information from Congress or the courts.

The landmark case establishing this power was United States v. Nixon (1974), which recognized executive privilege while also setting limits. The Supreme Court ruled that while presidents have this privilege, it is not absolute.

Executive privilege generally covers two main categories:

• Presidential communications: Direct communications with the president
• Deliberative process: Internal discussions that help develop government policy

You should understand that this privilege stems from the constitutional separation of powers and the need for candid advice within the executive branch.

Scope and Limitations

Executive privilege has important boundaries that prevent abuse of power. Courts have consistently ruled that the privilege must yield when there is a specific need for evidence in criminal proceedings.

You cannot expect executive privilege to cover communications related to illegal activities or obstruction of justice. This was made clear during Watergate when President Nixon was required to turn over tape recordings.

The privilege generally protects:

• National security information
• Diplomatic communications
• Sensitive law enforcement matters

Congress can challenge claims of executive privilege through subpoenas, court actions, or political pressure. When evaluating these claims, courts typically balance the need for information against the president’s need for confidential advice.

The privilege is stronger for matters directly involving the president.

Controversies and Challenges for Executive Privilege

Executive privilege has sparked heated debates throughout American history. Presidents from both parties have invoked it to shield information from Congress and the courts.

Recent administrations have expanded executive privilege claims beyond traditional boundaries, prompting legal challenges. Critics argue these broader interpretations threaten constitutional checks and balances.

You may notice that privilege disputes often follow a pattern:

1. Congress requests information
2. The president refuses based on executive privilege
3. Negotiations occur
4. Compromise is reached, or litigation follows

These conflicts highlight the tension between presidential power and democratic accountability. Technology has complicated matters further, raising questions about how privilege applies to emails, text messages, and other digital communications.

When presidents issue executive orders, the internal deliberations about those orders may be protected by executive privilege, making it difficult to fully understand the decision-making process.

Workplace Implications of Executive Orders

Executive orders directly affect workplace policies, requiring employers to adapt quickly to new legal requirements. These presidential directives can create significant compliance obligations and change how companies operate their day-to-day business.

 

 

Impact on Employer Policies

Executive orders can dramatically alter workplace policies, particularly in areas like diversity initiatives, minimum wage, and anti-discrimination protections. When presidents issue these directives, private sector employers often feel the need to review and update their handbooks and policies quickly.

For federal contractors, the impact is usually more immediate. These companies must adhere to specific regulations that may exceed standard requirements for private businesses.

Recent examples include executive orders addressing:

• DEI (Diversity, Equity, and Inclusion) programs
• Workplace safety standards
• Employee classification
• Healthcare benefits

It’s important to note that while executive orders cannot overturn state anti-discrimination laws, they can create additional requirements for employers operating across multiple jurisdictions.

Compliance and Enforcement Issues

When a new executive order affects workplaces, you’ll typically have a transition period to achieve compliance. However, these timeframes can be quite short, forcing rapid implementation of new policies or practices.

Enforcement mechanisms vary based on the specific order but often include:

• Federal agency oversight – The Department of Labor or the EEOC may conduct investigations
• Financial penalties for non-compliance
• Contract exclusion for government contractors
• Civil litigation risks

Your compliance strategy should include monitoring announcements about new executive orders and consulting with legal counsel to understand your obligations. Many executive orders require posting updated compliance notices in your workplace.

Remember that executive orders can be challenged in court or rescinded by future administrations, creating a challenging regulatory environment that requires ongoing attention.

Executive Orders and Employee Rights

Executive orders create significant impacts on workplace policies and employee protections. When new directives come from the White House, both employers and workers must understand how these changes affect their rights and responsibilities.

 

 

Protection of Employee Interests

Executive orders often serve as tools to protect worker rights in various ways. These presidential directives can establish or strengthen workplace protections when legislation is difficult to pass through Congress.

Key protections from executive orders may include:

• Anti-discrimination measures: Orders that prevent discrimination based on protected characteristics
• Workplace safety requirements: Rules creating safer working conditions
• Minimum wage adjustments: Changes to federal contractor pay rates
• Leave policies: Updates to federal employee leave benefits

You should know that executive orders affecting your workplace typically require implementation time. This means changes don’t always happen immediately after signing.

Your employer must comply with executive orders that apply to their organization. If you work for a federal agency or contractor, executive orders will affect you more directly than if you work for a private company.

Employee Obligations Under New Directives

When executive orders introduce new workplace policies, you may face new obligations and responsibilities. Understanding these changes helps you remain compliant and protect your position.

Recent orders affecting workplaces have addressed:

Employee Resource Groups (ERGs): Some executive orders have implications for employee-driven groups focused on shared characteristics or interests. You should review your company’s updated policies regarding participation in these groups.

Compliance training: New directives often require updated training programs. You may need to complete these to continue in your role.

Reporting requirements: Some orders create new systems for reporting workplace issues or concerns.

You should ask your HR department for guidance when executive orders create confusion about your obligations. Remember that your employer is responsible for communicating relevant changes that affect your work environment.

The Process of Challenging an Executive Order

Executive orders can be challenged through legal channels and through organized advocacy efforts. Both approaches have distinct processes and requirements for those seeking to contest presidential directives.

 

 

Judicial Review and Legal Recourse

When you believe an executive order is unlawful, the judicial system offers a path to challenge it. First, you must establish legal standing to bring a case, showing the order directly affects you or your organization.

Courts examine whether the president acted within constitutional boundaries and statutory authority. If the order exceeds presidential power or conflicts with existing laws, courts may strike it down.

You can also seek an injunction to temporarily halt the order’s implementation while litigation proceeds. This requires demonstrating likely success on merits and irreparable harm.

Another avenue exists through legislative action. Congress can pass laws that override executive orders or limit their funding, effectively nullifying their impact.

The Role of Advocacy Groups and Unions

Advocacy organizations and unions often lead challenges to executive orders affecting workplace rights and employee protections. These groups can mobilize resources for legal challenges while building public awareness campaigns.

You might engage with these groups to participate in coordinated responses.

They frequently organize:

• Public education campaigns about the order’s impacts
• Legislative advocacy pushing Congress to act
• Direct outreach to administrative agencies

Unions specifically focus on workplace impacts, filing grievances when executive orders affect labor conditions or reasonable accommodations.

In workplace disputes, these organizations often advocate for voluntary, informal resolution processes before pursuing more formal legal challenges.

Key Takeaways

• Executive orders are binding presidential directives that can immediately change how federal laws affect your workplace rights and employer obligations.
• You should stay informed about executive orders that may impact your employment protections, especially when administrations change.
• Understanding the process for challenging executive orders gives you options if you believe a directive negatively affects your workplace rights.

Frequently Asked Questions (FAQs):

Executive orders significantly shape federal workplace policies and employee rights while being subject to various checks and limitations. These presidential directives must follow established procedures when implemented and can be challenged through several legal avenues.

How do executive orders impact workplace policies for federal employees?

Executive orders directly influence federal workplace policies by establishing new regulations, procedures, and requirements. As written directives signed by the president, these orders instruct government agencies to take specific actions. When a president issues an executive order affecting workplace policies, federal agencies must implement these changes even if they represent significant shifts from previous practices.

Can an executive order be issued to alter employee rights or benefits?

Yes, the president can issue executive orders that modify certain employee rights and benefits within the federal workforce. These orders may create new entitlements, adjust existing benefits, or establish additional workplace protections. When an executive order impacts “terms, conditions, or privileges of employment” that have “some value,” it can significantly affect your workplace experience.

However, executive orders cannot violate existing laws passed by Congress or constitutional rights. Your core employment protections established by legislation remain intact.

What are the limitations of presidential executive privilege in relation to workplace regulations?

Presidential executive privilege has important boundaries when applied to workplace regulations. The president cannot use executive orders to override statutes passed by Congress or constitutional rights.

Courts can invalidate executive orders that exceed the president’s constitutional authority or conflict with existing laws. Executive orders must function to ensure “the laws be faithfully executed” rather than creating entirely new laws.

Executive privilege may protect certain internal deliberations, but it cannot shield unlawful workplace practices or regulations that discriminate against protected classes.

How can an executive order be challenged if believed to be overreaching in scope?

You can challenge an executive order through several legal pathways. The most common approach is through federal courts, where affected parties can file lawsuits arguing the order exceeds presidential authority.  Congress can pass legislation that contradicts or limits the executive order, effectively nullifying it. They can also use budgetary powers to restrict funding for implementation.  State governments may file legal challenges if they believe an executive order infringes on state rights or imposes unfunded mandates. Public advocacy and media attention can also generate pressure for reconsideration.

 

What procedures are followed when implementing an executive order affecting the public sector (aka Federal) workforce?

When implementing an executive order affecting federal employees, agencies first receive the signed order and analyze its requirements. The Office of Personnel Management often issues guidance documents explaining how to apply the order.

Agencies then develop internal procedures and timelines for compliance. This may involve creating new written procedures, conducting training, or reorganizing positions.

Implementation typically includes a notice period for affected employees and sometimes involves consultation with employee unions or representatives. Agencies must document compliance efforts and may face oversight from the White House or congressional committees.

 

You May Also Like …

• Executive Order Tracker (Congressional Black Caucus)
• What is a tariff? (Tariffs Explained)
• Presidential Elections on Employees and Human Resources