DEIA Executive Order Provisions Halted by Preliminary Injunction

On January 21, 2025, the U.S. District Court of Maryland issued a Preliminary Injunction (PI) temporarily halting enforcement of key provisions in Executive Order 14151 and 14173, President Trump’s orders aimed at restricting DEI initiatives. You can download the 63-page opinion by clicking here.

Key Takeaways

• The paused provisions pertain to certification and enforcement requirements targeting DEI programs, including contractor attestations and agency enforcement actions. These provisions were deemed likely to be “unconstitutionally vague on their face,” according to the Judge’s opinion.
  • Certification Requirement: “to agree that . . . compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions” and “to certify that [contractor] does not operate any program promoting DEI that violates any applicable Federal anti-discrimination laws.”
  • Enforcement Requirement: “submit a report . . . containing recommendations for enforcing Federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.”
• The opinion notes the Executive Orders do not define terms such as “DEI” or “equity-related”, nor do they specify which programs or policies would be considered “illegal”.
• The PI does not reinstate EO 11246 or its affirmative action provisions.
• Preliminary injunctions are not final determinations, and the administration is expected to appeal. The final determination may be months or years away.

Next Steps

Per our prior guidance and federal regulatory requirements, employers must continue complying with Title VII and other federal anti-discrimination laws while assessing potential impacts on DEI programs. If you need guidance on how this affects your organization, please feel free to reach out.

Kairos is closely monitoring this development and will provide further guidance in the coming days and weeks as it becomes available.

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Disclaimer: The information provided in this blog is for informational purposes only and should not be construed as legal advice. Organizations should consult with legal counsel or a qualified compliance professional to address their specific circumstances and ensure adherence to applicable employment laws and regulations.

For tailored guidance, compliance strategies, and risk mitigation, reach out to Kairos Services. Our team can provide insights and solutions to help your organization navigate these complexities effectively.