Update on DEI-Related Executive Orders
While several Executive Orders mention DEI, two in particular* that reference so-called “illegal DEI” have faced legal challenges. These orders call for (1) the termination of “equity-related grants or contracts”, (2) certification from federal funding recipients that do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws,” and (3) the creation of an enforcement plan by agency heads to “deter DEI programs or principles … that constitute illegal discrimination or preferences”.
On March 14, the United States Court of Appeals temporarily suspended a lower court's preliminary injunction, effectively allowing the Trump Administration to enforce their Executive Orders which direct federal agencies to end DEI grants and contracts until further notice. Importantly, the court did not decide the legality of the EOs, but rather lifted the temporary block on their enforcement. The court has allowed the appeal to move forward on an expedited schedule. This is not a final ruling.
ACT will continue to keep our members up to date on the latest rulings.
*EO 14151 - Ending Radical and Wasteful Government DEI Programs and Preferencing, EO 14173 - Ending Illegal Discrimination and Restoring Merit-Based Opportunity
