Trump DEI Executive Orders Back in Effect Following Temporary Injunction

On January 20-21, 2025, President Trump signed three Executive Orders aimed at eliminating Diversity, Equity and Inclusion (DEI) programs within the federal government, directing contractors to end such programs and defining sex as “male” or “female.” These Orders label DEI programs as “illegal” and “discriminatory,” targeting “gender ideology” and its use across the private sector. The Orders seek to promote merit-based workplace programs and eliminate diversity and inclusion initiatives that provide preferential treatment based on race, sex or other protected characteristics (except veteran status).

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit lifted a Maryland court’s injunction, allowing the Trump administration’s DEI Executive Orders to proceed nationwide. These Orders direct the Attorney General to encourage private sector compliance and target employers in investigations. As a result, employers should review their DEI programs to ensure compliance with both the letter and spirit of these Orders, focusing on eliminating non-merit-based opportunities.

Our Labor & Employment team is available to assist employers with navigating compliance with these Executive Orders, creating and modifying workplace policies to conform with federal, state and local laws, and providing guidance on discrimination and harassment in the workplace.

Read more about how private sector employers can ensure compliance with President Trump’s Executive Orders and recent guidance from the EEOC and DOJ in our latest Client Alert below.