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U.S. circuit court removes block on key provisions of Trump’s DEI-related EOs

April 2025 employment law letter
Authors: 

Darla Nguyen and Amiel Provosty, The Kullman Firm

On February 21, 2025, U.S. District Judge Adam B. Abelson issued a nationwide preliminary injunction in a Maryland federal lawsuit, halting key provisions of two Executive Orders (EOs) issued by President Donald Trump. The two orders—EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” signed on January 20 (J20 order), and EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” signed on January 21 (J21 order)—include provisions that, among other things, direct the federal government to dismantle what the administration calls illegal diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs within federal agencies and contractors. 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.

Lawsuit challenges EOs as unconstitutional

In early February, the National Association of Diversity Officers in Higher Education, the American Association of University Professors, Restaurant Opportunities Centers United, and the mayor and city council of Baltimore joined together to file a lawsuit against the president, the attorney general, and various other federal agencies and agency heads, alleging that specific provisions of the EOs violate the U.S. Constitution.

The groups sought a preliminary injunction over the following three provisions of the EOs:

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