New federal policy updates and resources

Executive Orders (EOs) are not laws but rather rules, regulations, and instructions, which carry the force of law for federal agencies. They do not require the approval of Congress. Sequentially numbered, EOs are published in the Federal Register.

The EOs are not directly binding on UH employees. That said, as the recipient of hundreds of millions of dollars in federal funding, the university is impacted by EOs because they mandate federal agencies that provide significant funding to UH to monitor our compliance with the Trump policies as set forth in the EOs and in administrative actions. For example, the announcement in NOT-OD-25-068 that NIH would be reducing indirect cost rates to 15 percent across the board directly affects cost reimbursement for the university, which had negotiated a significantly higher rate of return.

EO 14173 entitled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, orders all “departments and agencies to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders and requirements” and to enforce civil rights laws to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.” It also revokes EO 11246 (first issued in 1965), which was the basis for federal requirements for Affirmative Action plans and statements. EO 14173 also requires every contract and grant award to include a term requiring certification from the contractor / awardee that they do “not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” On February 21, 2025, a federal court in Maryland enjoined parts of EO 14173, including the certification requirement.  We await further developments.

No. A footnote in the Attorney General’s February 5, 2025 memo to all Department of Justice employees entitled, “Endling Illegal DEI and DEIA Discrimination and Preferences”, provides a broad theme in this regard:  “…programs, initiatives, or policies that discriminate, exclude, or divide individuals based on race or sex.”

Federal agencies will be completing their required program reviews and issuing additional guidance over the coming weeks and months. By May 21, 2025, the Secretary of Education and Attorney General:

shall jointly issue guidance to all State and local educational agencies that receive Federal funds, as well as all institutions of higher education that receive Federal grants or participate in the Federal student loan assistance program under Title IV of the Higher Education Act, 20 U.S.C. 1070, et seq., regarding the measures and practices required to comply with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023).

Though the February 14 Dear Colleague letter does not clearly define “discrimination,” it states that

, …under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.” It also states: “…treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.

No, as long as they are not discriminatory, exclusionary or divisive. The same February 5 memo states that the memo is not intended to “prohibit educational, cultural, or historical observances—such as Black History Month, International Holocaust Remembrance Day, or similar events—that celebrate diversity, recognize historical contributions, and promote awareness without engaging in exclusion or discrimination.”

No, the University of Hawaiʻi will remain true to our values and our community which is amongst the most diverse in the nation. The EOs do not change the fact that federal and State non-discrimination protections still exist and are enforceable. UH has always complied with non-discrimination laws and will continue to do so. As the federal administration provides new guidance on what qualifies as “discrimination” under federal law, we will monitor and adjust our activities as necessary to ensure compliance.

Due care should be taken to ensure compliance with federal and State anti-discrimination laws. Offices and campuses should determine whether the specific use of words or terminology on websites that may imply preferences based on racial or gender categories are in fact necessary, accurate, and worth the risk of reputational loss, legal challenge, and civil and criminal enforcement in light of evolving definitions from the federal government. The University will comply with federal law and the instructions from federal agencies that attach to the funds they provide. For further advice, please contact your campus administration or your campus Equal Employment Opportunity office, who are communicating regularly with University leadership and the Office of General Counsel.

UH remains committed to student success, well-being, and fostering a safe and welcoming educational environment for all members of its community. While UH must comply with new federal requirements to maintain funding, our core institutional values remain unchanged. UH has always complied with anti discrimination laws and will continue to do so.

At least four Executive Orders and a Dear Colleague Letter by the US Dept. of Education directly impact UH and other federally funded institutions:

• • Executive Order 14148 – “Initial Rescissions of Harmful Executive Orders and Actions” (signed January 20, 2025) revokes or modifies prior executive actions deemed harmful, aiming to realign federal policies with the new administration’s priorities.
  • Executive Order 14151 – “Ending Radical and Wasteful Government DEI Programs and Preferencing” (signed January 20, 2025) mandates the termination of all Diversity, Equity, Inclusion and Accessibility (DEIA) and environmental justice initiatives within the federal government, including entities that receive federal funding.
  • Executive Order 14173 – “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (signed January 21, 2025) rescinds Executive Order 11246 (1965), which mandated affirmative action.
  • Executive Order 14168 – “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (signed January 20, 2025) mandates that “sex” shall be defined as an individual’s immutable biological classification as either male or female and shall not include the concept of“gender identity” in federal policy and programs.
  • February 14 Dear Colleague letter from the U.S. Department of Education’s Office for Civil Rights mandates that schools and universities receiving federal funding must end race-based decision-making. The letter emphasizes that updated legal requirements will be strictly enforced, and institutions that fail to comply may risk losing federal funding.
    • Feb. 21 APLU letter requesting guidance

With the rescission of EO 11246, UH is no longer authorized to comply with “Affirmative Action” requirements. The University remains an equal employment opportunity employer, and is still bound by State and federal employment and non-discrimination laws that prohibit unlawful discrimination in the hiring, discharge, and compensation of employees, or in the terms, conditions or privileges of employment. If you have any questions in this regard, please contact your campus Equal Employment Opportunity office.

Students

• Hawaiʻi CC
• Honolulu CC
• Kapiʻolani CC
• Kauaʻi CC
• Leeward CC
• UH Hilo
• UH Mānoa
• UH Maui
• UH West Oʻahu
• Windward CC

Employees

• UH employee counseling