A federal judge for the U.S. District Court of Maryland has issued a preliminary injunction blocking certain aspects of the current administration’s recent Executive Orders concerning diversity, equity and inclusion (DEI). The following provisions have been temporarily blocked:
- Termination Provision. The EOs directed all executive agencies to “terminate . . . ‘equity-related’ grants or contracts.”
- Certification Provision. The EOs directed all executive agencies to “include in every contract or grant award” a certification, enforceable through the False Claims Act, that the federal contractor and grantee “does not operate any programs promoting DEI that violate any applicable Federal antidiscrimination laws”
- Enforcement Threat Provision. The EOs directed the Attorney General to take “appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI,” to “deter” such “programs or principles,” and to “identify . . . potential civil compliance investigations” to accomplish such “deter[rence].”
The ruling has since been appealed by the current administration. We will continue to provide updates as they arise.
