EO 14173 enjoined again: Update on enforcement of EO 14173

In one of the first acts of his second term, President Trump signed Executive Order (EO) 14173, rescinding President Lyndon Johnson’s 1965 EO 11246—which had prohibited discriminatory hiring practices across the federal government, including federal contractors. EO 14173 has had a bumpy ride since then.

4th Circuit lifts TRO on EO 14173

As we reported last month, the U.S. 4th Circuit Court of Appeals lifted the temporary injunction blocking the government from terminating any equity-related grants or contracts and from forcing contractors and grantees to certify that they don’t have “illegal” diversity, equity, and inclusion (DEI) programs. The lifting of the injunction allows the federal government to require federal grantees and federal contractors to certify under penalty of the False Claims Act (FCA) that it didn’t have any DEI that violated federal antidiscrimination laws.