A Maryland federal judge has upheld a preliminary injunction blocking key provisions of the Trump Administration’s Executive Orders (EO) aimed at eliminating “illegal” Diversity, Equity, and Inclusion (DEI) initiatives. Finding that the government failed to show a reason to halt the injunction pending appeal, the court emphasized that the policies must comply with the U.S. Constitution, particularly free speech and due process rights. 

The injunction blocks provisions of the EO’s that require federal agencies to terminate equity-related grants or contracts, require federal contractors to certify they do not operate unlawful DEI programs, and direct the attorney general to enforce civil rights laws against DEI programs in the private sector. The judge noted that the blocked provisions likely violate the U.S Constitution’s First Amendment by discriminating against disfavored viewpoints and the Fifth Amendment due to their vagueness. 

What Does it Mean 

Federal contractors will continue to have a reprieve from EO mandates as the preliminary injunction remains in place. The Administration is appealing the preliminary injunction decision. This case, along with other challenges to the executive orders pending in various other federal courts, is likely to be decided in the federal courts of appeal and potentially by the U.S. Supreme Court.  

Employers should note that the injunction does not affect potential claims against private-sector entities for allegedly unlawful DEI practices. These claims may still be pursued by state attorneys general, private litigants, or advanced by non-litigation means such as social media campaigns, boycotts, or other public pressure tactics. Companies should remain vigilant regarding evolving developments and risks related to DEI initiatives.