Section 3 of the EO, titled “Terminating Illegal Discrimination in the Federal Government,” specifically addresses the federal contracting process and revokes several previous executive orders and memoranda, including Executive Order 11246 (“EO 11246”). Originally established in 1965 by President Lyndon Johnson, EO 11246 prohibited employment discrimination by federal contractors and subcontractors based on race, color, religion, sex, and national origin. EO 11246 also required covered contractors to take affirmative action to ensure equal employment. President Trump’s EO now bars federal contractors from considering race, color, sex, sexual orientation, religion, or national origin in their employment, procurement or contracting practices “in ways that violate the Nation’s civil rights laws.” The EO ultimately eliminates affirmative action plan obligations for federal contractors.

Section 4 of the EO, titled “Encouraging the Private Sector to End Illegal DEI Discrimination and Preferences” directs federal agencies, in coordination with the attorney general, to take necessary actions to implement the EO’s principles. Within 120 days, the attorney general, in consultation with agency heads, is required to submit a report with recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI. This report must outline key areas of concern within each agency’s jurisdiction, identify the most egregious DEI practices, propose specific measures to deter illegal discrimination, suggest strategies for private sector engagement, and indicate potential litigation and regulatory actions.

It is crucial to note that President Trump’s EO does not alter existing anti-discrimination laws (like Title VII or the Florida Civil Rights Act) or their judicial interpretations. However, we strongly encourage employers, particularly federal contractors, to evaluate their current DEI initiatives and/or programs to ensure potential compliance with the EO.

We will continue to monitor developments regarding this executive order. If you have any questions or concerns about it or other employment-related executive orders, please feel free to reach out to us.

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In Miami, attorneys Emma Rodgers and Katharine Rodriguez-Wilson joined WSHC+B’s Real Estate practice, and Pooja Patel joined the firm’s Labor and Employment practice. Rodgers and Rodriguez-Wilson are graduates of the University of Miami School of Law. Patel earned her Juris Doctor from Florida International University College of Law.

Rodgers, a former clerk at WSHC+B, is versed in business and commercial real estate transactions, drafting land use documents for local municipalities, and negotiating entertainment service contracts. Rodriguez-Wilson’s practice focuses on real estate transactions and public financing for multifamily developments. Patel works with public and private sector employers to analyze their compliance with labor and employment laws and to help mitigate potential future legal problems.

In Fort Lauderdale, attorney Michael Weitzner brings experience in business transactions and litigation. Before joining WSHC+B, Weitzner worked for a community association law firm specializing in transactional and litigation services. While there, the University of Miami School of Law graduate litigated various cases for plaintiffs and defendants, including property damage, premises liability, breach of contract, and enforcement actions.

WSHC+B also welcomed the arrival of Human Resources Consultant Sharon Kelley at its Boca Raton office.

Kelley has vast public and private sector experience in labor relations and human resources. She has worked with local governments, federal agencies, and educational institutions in the public sector. On the private side, Kelley has worked in various industries, such as transportation, manufacturing, insurance defense, and corrections/detention industries. Throughout her career, Kelley has proven herself a skilled negotiator, successfully handling collective bargaining agreements, arbitrations, and settlements.

“We are fortunate to close out the year with the arrival of these talented attorneys and professionals,” Firm Managing Director Mitch Burnstein said. “Emma, Katharine, Pooja and Michael bolster multiple practice areas of our firm, and we are eager to leverage Sharon’s wisdom, experience and abilities in this newly created role.”

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Specifically, a former Emergency Medical Technician (“EMT”) for Hillsborough County brought suit against the County after the County suspended him for testing positive for marijuana in a random drug test. The Court determined that the County violated the Florida Civil Rights Act by failing to accommodate the EMT’s legal use of medical marijuana outside of work hours despite the fact that the State’s medical marijuana statute does not require an employer to accommodate the medical use of marijuana. The EMT had provided a valid Medical Marijuana Card issued by the Florida Department of Health, confirming his prescription for treating anxiety, PTSD, and insomnia. The Court emphasized that Article X, Section 29 of the Florida Constitution allows qualified patients to use medical marijuana off-site and requires employers to make reasonable accommodations for such use.

This trial court decision, while noteworthy, holds no precedential value and does not affect other courts throughout the state of Florida. Employers may still wish to consider whether to adopt policy changes in light of the issues raised by this ruling. If you have any questions or need assistance regarding this matter, please feel free to reach out to us.

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