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4th Circuit lifts nationwide block on Trump’s DEI orders—What it means for you

April 2025 employment law letter
Authors: 

Adam Bouka, Holland & Hart LLP

In February, a federal district court in Maryland issued a nationwide injunction blocking key parts of President Donald Trump’s Executive Orders (EOs) that sought to limit diversity, equity, and inclusion (DEI) programs in workplaces across the country. The ruling temporarily halted enforcement of key provisions affecting DEI initiatives, particularly for federal contractors, grant recipients, and private companies that faced uncertainty, compliance risks, and potential penalties. The court found that the provisions were vague, potentially unconstitutional, and could unlawfully restrict free speech. On March 14, the U.S. 4th Circuit Court of Appeals lifted the injunction, allowing the federal government to enforce the EOs while it continues to consider whether they are lawful. Here’s what the appeals court’s ruling means for employers.

What was blocked?

The district court’s decision prevented the government from:

  • Stopping or canceling federal contracts or grants related to DEI;
  • Forcing federal contractors or grant recipients to declare that they do not have DEI programs; and
  • Investigating or penalizing private employers for having DEI programs or engaging in diversity-related discussions.

How private employers are affected

Although the EOs primarily targeted federal contractors and grant recipients, they also contained provisions that could negatively affect private companies that engage in DEI initiatives in the following ways:

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