Executive Order
#14151 and #14173— End Gov’t DEI Programs (Jan. 20, 2025)/End Illegal Discrimination and Restoring Merit-Based Opportunity
Highlights
Abolishes federal DEI; FCA “illegal DEI” and treble damages;
Key Compliance/Risk Cue
Executive Order 14151: Mandated the termination of all DEI-related programs, positions, and contracts within federal agencies, labeling such initiatives as discriminatory. Executive Order 14173: Revoked EO 11246, effectively ending affirmative action requirements for federal contractors, and directed agencies to eliminate DEI programs deemed unlawful. Federal Contractors' certification of "compliance" will be subject to FCA enforcement, and private sector DEI initiatives could face legal challenges if DEI programs are perceived as discriminatory under the new federal framework.
Litigation Snapshot
EO 14150 & EO14173
National Association of Diversity Officers in Higher Education v. Trump (D. Md.) – Nationwide PI granted (Feb 21); stayed March 14 by Fourth Circuit. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA; National Urban League et al. v. Trump (D.D.C.) – Challenge to EO 14151, 14168, 14173; PI denied May 2, 2025 and under appeal by plaintiffs; Chicago Women in Trades v. Trump (N.D. Ill.) – Nationwide PI issued April 14, 2025. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA; San Francisco AIDS Foundation v. Trump (N.D. Cal.) – PI granted June 9 blocking grant restrictions. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA; National Association of Diversity Officers in Higher Education, et al. v. Trump (Feb. 3, 2025, challenging directing agencies to terminate “equity related” contracts;
Shapiro et al. v. DOI, E.D. Pa., Case No. 25cv763 — addresses DEI provisions Feb 21: District Court issued a nationwide preliminary injunction, blocking these provisions March 14: Fourth Circuit stayed the injunction, allowing the government to resume enforcement during appeal Status: Termination EO 14151, 14173 Blocked Nationwide in MD and IL (stayed by 4th Circuit) Certification EO. THIS NATIONWIDE PI COULD BE AT RISK DUE TO TRUMP v. CASA.