At a Glance
This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month.
Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders
On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189 (4th Cir. Mar. 14, 2025), staying the district court’s preliminary injunction barring enforcement of several provisions of the executive orders to end diversity, equity, and inclusion (DEI) programs in federal grant and contract processes. Although the order was short, all three judges on the panel issued separate opinions supporting their finding that the government met its burden to justify a stay of the district court’s injunction pending appeal. Stating that the executive orders “do not purport to establish the illegality of all efforts to advance diversity, equity or inclusion, and they should not be so understood,” Judge Harris also emphasized that “[w]hat the Orders say on their face and how they are enforced are two different things. Agency enforcement actions that go beyond the Orders’ narrow scope may well raise serious First Amendment and Due Process concerns, for the reasons cogently explained by the district court.” She added: “[M]y vote should not be understood as agreement with the Orders’ attack on efforts to promote diversity, equity, and inclusion. In my view, like Chief Judge Diaz’...
Date: April 19, 2025 As Richmond County authorities continue to defend jailing a woman who was shot in the face, new details are emerging about the alleged violence and lies that put her behind ba...