Takeaways

• The federal district court for the district of Maryland issued a preliminary injunction temporarily stopping the Trump Administration from enforcing aspects of its EOs that ban “illegal DEI (Diversity, Equity and Inclusion).”
• The court ruled that the plaintiffs have a likelihood of establishing the illegal DEI EOs are unconstitutional, at least in part, because they are vague and violate free speech.
• Federal contractors and recipients of federal funding have at least a temporary reprieve from being targeted for investigation pursuant to the EOs by their granting agencies for “illegal DEI.”
• The decision does not prevent plaintiffs — applicants, employees or third-party organizations — from bringing claims against private sector employers, contractors, or recipients of federal funds based on DEI initiatives or the EEOC from pursuing investigations based on what they perceive to be illegal DEI programming. Moreover, it is likely the administration will appeal the decision on various grounds, making the overall fate of the EOs uncertain.
• The decision arguably does not prevent the Department of Justice, agencies, or state attorneys general from voluntarily bringing legal claims or pursuing investigation based on DEI initiatives or programming.
• The decision does not prevent the Department of Justice, EEOC, or other federal and state enforcement agencies from investigating or asserting violations of Title VII or other civil rights laws on bases other than “illegal...

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