# Plain Language Summary of the MERIT Act

This bill would ban the federal government from using affirmative action in hiring and employment decisions. Affirmative action refers to practices designed to increase opportunities for people from groups that have historically faced discrimination—such as racial minorities, women, people with disabilities, and LGBTQ+ individuals. Under this bill, federal agencies couldn't consider these characteristics when making decisions about hiring, promotions, or other employment matters. The ban would apply to all federal employees and members of the military.

The bill goes further by cutting off federal funding to any contractor or subcontractor that uses affirmative action programs. This means companies that work with the federal government—whether they're building infrastructure, providing services, or supplying goods—would have to eliminate any diversity-focused hiring practices to keep receiving government contracts and money. This could affect thousands of private companies that depend on federal business.

The practical effect would be significant for job seekers and federal workplaces. Federal agencies would need to base all hiring and promotion decisions solely on qualifications and merit, without considering diversity factors. Supporters argue this ensures fairness by focusing only on ability. Critics worry it could reduce opportunities for people from underrepresented groups and undo decades of efforts to diversify the federal workforce. For federal contractors, the requirement would force them to choose between maintaining diversity programs or losing access to government contracts, which for many companies is a major source of revenue.

MERIT Act

Gosar, Paul A.

Making Excellence Replace Identity Traits Act or the MERIT Act This bill prohibits the federal government from establishing or implementing any hiring practice or program for federal employees or members of the uniformed services that uses affirmative action as a basis for personnel action, specifically affirmative action based on race, color, religion, sex, sexual orientation, gender identity, national origin, or disability. The bill also prohibits the award of federal funds to entities that use such a practice or program, including contractors.