February 21, 2025
Maryland Federal Judge Blocks Portions of Two EO’s
On February 21, 2025, a Maryland Federal judge issued a preliminary injunction temporarily blocking implementation of two of President Trump’s Executive Orders (EO): 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing and 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, issued January 20th and 21st, respectively.
What was the issue? At issue in this case were the EOs’ provisions that directed all executive agencies of the federal government to:
- terminate . . . “equity-related” grants or contracts
- include in every contract or grant award a certification that the contractor and grantee “does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws”; and
- a provision directing the Attorney General (AG) 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.” [emphasis added]
Why were these provisions problematic? The word “vague” was used 32 times in the written opinion, “key terms—including ‘DEI,’ ‘DEIA,’ ‘equity,’ and ‘equity-related’—are undefined…Plaintiffs contend, they are ‘left to guess’…how to conform their policies, programs, and speech to the vague, undefined, and unspecified directive.”
This reminds me of so many employment cases in which a judge ruled against the employer because its policy was unclear. In this case, “mangled.”
What now? The judge did not enjoin the portion of the EO that directed the AG to issue “recommendations for enforcing federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including policies related to DEI and DEIA…. including specific steps to deter the use of DEI and DEIA programs or principles that constitute illegal discrimination or preferences,” as well as “[o]ther strategies to end illegal DEI and DEIA discrimination and preferences and to comply with all federal civil-rights laws.” AG Bondi directed the U.S. DOJ’s Civil Rights Division and Office of Legal Policy to issue a joint report on these matters to her by March 1, 2025. (emphasis added]
Stay tuned. While you’re waiting, check out guidance for private sector employers published by 16 state AGs with recommendations for DEIA.
