Status Of DEI Executive Orders

Several executive orders issued by President Trump in the early days of his term are now the subject of litigation.

In January we discussed the “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order, which encouraged private employers to end “illegal DEI Discrimination and Preferences.” This portion of the Order was stayed on February 21 by a Maryland federal court which issued a nationwide, preliminary injunction against that provision as well as two other Executive Order DEI provisions applying to federal agencies. The court determined that the “enforcement threat provision” directed at private employers likely violates free speech protections and may be unconstitutionally vague. 

The Trump Administration appealed this ruling on February 24. In addition to this case, there are several other lawsuits pending against the DEI Executive Orders in other jurisdictions. 

We will keep you posted on developments and are available to answer your questions. If you would like to discuss your current diversity and equity efforts, please contact a KZA attorney.  

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.