On March 14, 2025, the U.S. Fourth Circuit Court of Appeals removed the temporary hold which we previously reported that a federal district court had placed on the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The other, issued on January 20, only applies to federal agencies. The Fourth Circuit’s decision to lift the temporary hold (i.e., remove the “preliminary injunction”) allows the administration to proceed with its plans for now (National Association of Diversity Officers in Higher Education v. Trump, 4th Cir, March 2025).
Tips: The portions of Executive Order 14173 that are now back in effect: (1) require federal contractors to certify that they don’t “operate any programs promoting DEI that violate any applicable Federal antidiscrimination laws” and (2) direct federal agencies to identify “specific steps or measures to deter DEI programs or principles (whether specifically denominated ‘DEI’ or otherwise) that constitute illegal discrimination or preferences.” The exact form of the federal contractor certification is still taking shape. It is being incorporated into new contract awards, but we don’t know yet whether a federal contractor certification portal will be rolled out for existing contractors, similar to the one operated by the Office of Federal Contract Compliance Programs (OFCCP) in recent years, as we reported in April 2024.
This isn’t the end of the story. It’s possible the Fourth Circuit’s decision on the temporary hold could be appealed, but even if it’s left alone, the parties intend to go back to court to fully litigate the question of whether the anti-DEI provisions should be permanently stopped from taking effect. Vigilant will keep members informed as this case progresses. In the meantime, if you have any questions or concerns about your employment practices or employee handbook language, please contact your Vigilant Law Group employment attorney.
