In the days following his inauguration, President Trump issued a flurry of executive orders, several of which related to and restricted Diversity, Equity and Inclusion (“DEI”) programs within the federal government and for private employers. A federal district court has now blocked several key provisions of those orders.
On January 20, 2025, President Trump signed an Executive Order entitled “Ending Radical Government DEI Programs and Preferencing.” That order directed the federal government to terminate all mandates, policies, programs, preferences, and activities relating to diversity, equity, inclusion, and accessibility and required that federal agencies report a list of all employees in DEI positions within 60 days.
In addition, on January 21, 2025, President Trump signed an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” which directs executive departments and agencies to terminate discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements and to focus on ensuring employers’ Diversity, Equity, and Inclusion (DEI) efforts comply with federal equal employment opportunity laws.
A recent lawsuit filed in Maryland federal court argued that the executive orders were vague and unconstitutional. On February 21, 2025, the judge issued an order temporarily blocking the enforcement of the executive orders while the lawsuit is pending. However, while the provisions are temporarily unenforceable, it is still possible that the Trump Administration will challenge this ruling at the district court level and there will likely be further proceedings regarding the anti-DEI efforts.
Importantly, the court’s order applies only to the Trump administration’s executive orders and therefore, employees may still bring private lawsuits against employers if they believe a company’s DEI programs violate federal or state anti-discrimination laws. As always, employers should ensure that their DEI programs remain compliant with existing laws.
We expect this matter to continue to evolve and we will monitor developments as they arise. Should you have any questions, please contact Ali Law Group.
HRtelligence was created by the team at Ali Law Group, LLC. Should you have any questions or need assistance, please contact Ali Law Group.
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