Federal Judge Blocks Key Provisions of Executive Orders Targeting Workplace DEI Programs

A federal judge in Maryland has issued a nationwide injunction halting key provisions of two executive orders that sought to limit workplace diversity, equity, and inclusion (DEI) programs. The ruling means that, for now, employers—especially federal contractors and grant recipients—can continue their DEI efforts without immediate legal risk.

Why Did the Court Block These Orders?

The court found that the executive orders (EO 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) likely violated both the First Amendment (free speech protections) and the Fifth Amendment (due process vagueness concerns). Here’s what the judge found particularly problematic:

• Overly Broad and Vague Language: The orders failed to define key terms like “equity-related,” “illegal DEI,” and “promoting DEI,” making it unclear what programs were at risk. Without clear guidelines, businesses were left guessing about compliance.
• Chilling Effect on Speech: One order required federal contractors and grant recipients to certify that they do not operate any DEI programs that might violate anti-discrimination laws. This created a strong disincentive for businesses to engage in DEI-related speech or activities out of fear of legal penalties.
• Targeted Viewpoint Discrimination: The orders specifically sought to restrict DEI-related initiatives while allowing other forms of workplace policies to continue. The court ruled this as unconstitutional viewpoint discrimination—meaning the government cannot pick and choose which perspectives are allowed in the workplace.

Key Provisions Put on Hold

The judge specifically blocked three provisions of the executive orders:

1. Termination of Equity-Related Contracts and Grants – A directive for federal agencies to cancel funding for any programs deemed “equity-related.”
2. DEI Certification Requirement for Federal Contractors – A rule forcing contractors to certify that they do not operate any DEI programs that violate federal law, with potential penalties under the False Claims Act.
3. Enforcement Threat Provision – A directive for the Attorney General to encourage private-sector investigations into “illegal DEI” programs, without defining what those are.

What This Means for Employers

For now, businesses and organizations can continue DEI programs without worrying about immediate federal enforcement under these orders. However, the legal battle isn’t over yet—this decision is just a preliminary injunction, meaning the government is likely to appeal. Employers should continue monitoring developments to stay informed.

The Bottom Line

The ruling is a win for employers who rely on DEI programs to support workplace diversity and inclusion. However, legal uncertainty remains. Stay prepared for further updates as this case moves through the courts.