In the first few days of his second term, President Trump issued two Executive Orders aiming to
dismantle diversity, equity, and inclusion (“DEI”) initiatives in both the public and private sector. The first, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” terminated all “illegal DEI” programs, offices, and positions in the federal government. The second, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and discussed in greater detail here, removed all affirmative action requirements imposed on federal contractors/subcontractors.
On February 21, 2025, a Federal District Court Judge of the District of Maryland issued a preliminary injunction temporarily blocking the enforcement of several provisions of the two Executive Orders. Specifically, in National Association of Diversity Officers in Higher Education et al. v. Trump et al., Judge Adam Abelson found Plaintiffs were likely to succeed on their claims of unconstitutional vagueness and violation of the First Amendment. The Court’s ruling is currently on appeal.
Aspects of the Orders that were Blocked
The provisions that are temporarily blocked are:
- The Termination Provision, requiring the federal government to terminate all “equity-related” grants and contracts;
- The Certification Provision, requiring federal contractors/subcontractors and grant recipients to make certifications confirming they do not operate unlawful DEI initiatives; and
- The Enforcement-Threat Provision, requiring the Attorney General to enforce civil rights laws against DEI initiatives in the private sector.
What now?
Pursuant to the Court’s ruling, these three provisions are unenforceable. There are, however, certain aspects of the Executive Orders that remain in effect. For instance, Trump’s revocation of all affirmative action requirements for federal contractors/subcontractors remains unchanged. Likewise, Judge Abelson did not block the Attorney General from preparing an enforcement report or engaging in investigation regarding DEI initiatives. In fact, Attorney General Pam Bondi issued a memo in early February outlining the Department of Justice’s plan to eliminate illegal DEI initiatives in the private sector, which referenced the possibility of criminal investigations.
For now, Trump’s Motion to Stay the implementation of the preliminary injunction was denied. Consequently, the Court’s ruling remains in effect and the appeal will be heard by the U.S. Court of Appeals for the Fourth Circuit. As the legal status of these Executive Orders continues to evolve, employers should proceed carefully in implementing or maintaining DEI initiatives and contact competent counsel with any questions.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.