On July 23, 2025, President Donald Trump issued Executive Order 14319, which has the stated purpose of preventing the federal government from procuring A.I. “models that sacrifice truthfulness and accuracy to ideological agendas.”  The order specifically targets models that incorporate principles of diversity, equity, and inclusion (DEI), asserting that such frameworks may compromise factual accuracy and reliability.

Under the executive order, federal agencies can procure large language models (LLMs) only if they: (1) are “truthful in responding to user prompts seeking factual information or analysis,” “prioritiz[ing] historical accuracy, scientific inquiry, and objectivity, and [] acknowledg[ing] uncertainty where reliable information is incomplete or contradictory,” and (2) are “neutral, nonpartisan tools that do not manipulate responses in favor of ideological dogmas such as DEI.”

Although the executive order applies only to federal procurement, A.I. companies may be incentivized to apply these requirements to their products more broadly to avoid missing out on sizable federal contracts.  Further, the impact of these changes could have unintended effects.  As recent high-profile failed updates to some of the most widely used chatbots and image generators demonstrate, changes “under the hood” of these systems can have unintended consequences as they are rolled out. 

To the extent this executive order or similar efforts affect the operation of these platforms, it could impact organizations whose employees use A.I. for people management—with or without approval.  As we discussed here, in many organizations, managers may be turning to general purpose A.I. tools like LLMs to assist in consequential personnel decisions, including promotions, compensation adjustments, layoffs, and terminations.

In light of the uncertainty surrounding how the administration’s A.I. policy might affect LLMs and other A.I. tools, it remains as important as ever to limit the use of A.I. for people management to preapproved uses.   Employers are also well-advised to vet potential use cases with counsel and establish clear policies and provide training to mitigate the risk that these tools will cause unintended disparate impacts on protected classes.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.