FAR Council proposes to implement EO 14398

On March 26, 2026, President Trump issued Executive Order (EO) 14398, Addressing DEI Discrimination by Federal Contractors, which claimed diversity, equity, and inclusion (DEI) activities are not only unethical and often illegal, “but also cause inefficiencies, waste, and abuse within entities that engage in such practices.” The EO provided specific contract language to be issued by the Federal Acquisition Regulation (FAR) Council that requires federal contractors to certify that they won’t engage in racially discriminatory DEI activities as defined in the EO. Although a number of lawsuits were filed against the EO, on October 14, U.S. District Court Judge Adam Abelson of the District of Maryland denied a preliminary injunction in National Association of Diversity Officers in Higher Ed et al v. Trump to block the implementation of the order, saying it was unlikely to violate federal contractors’ First Amendment free speech or Fifth Amendment due process rights. 

FAR Council implements EO 14398