States’ Affirmative Action Moves Match Trump: States of Play

Feb. 5, 2026, 7:43 PM UTC
President Donald Trump orders an elevation of “competence” over “DEI"
President Donald Trump orders an elevation of “competence” over “DEI”
Photographer: Chip Somodevilla/Getty Images

REPUBLICAN-LED STATES are rewriting their affirmative action requirements for civil service employment or public contractor regimes, targeting them under US Supreme Court precedent and Trump administration policy shifts, Khorri Atkinson reports.

  • A wide-range of proposed legislation in Texas, North Carolina, New Hampshire, and Missouri would outlaw private employment and contracting practices that take protected traits like race and gender into consideration or promote DEI efforts.
  • Some measures seek to repeal requirements such as engagement efforts with historically marginalized groups, identifying under-representation, and demographic data reporting, while also expanding who can sue state agencies or private employers who receive public funds ...

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