By Robert G. Brody and Fintan S. Lalor
On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit issued a Stay on the Preliminary Injunction which blocked several key aspects of two of President Trump’s Executive Orders aimed at dismantling DEI initiatives in both the public and private sector. The Preliminary Injunction, discussed in greater detail here, was issued in late February by a Federal District Court in Maryland. Judge Adam Abelson determined the plaintiffs were likely to succeed on their claims that the Executive Orders were unconstitutionally vague and violated the First Amendment. The Fourth Circuit disagreed.
The Preliminary Injunction, issued by Judge Abelson in the case of National Association of Diversity Officers in Higher Education et al. v. Trump et al., blocked three provisions of the Executive Orders:
- The Termination Provision, requiring the federal government to terminate all “equity-related” grants and contracts;
- The Certification Provision, requiring federal contractors/subcontractors and grant recipients to make certifications confirming they do not operate unlawful DEI initiatives; and
- The Enforcement-Threat Provision, requiring the Attorney General to enforce civil rights laws against DEI initiatives in the private sector.
On appeal, a three-judge panel of the Fourth Circuit found the federal government showed a sufficient likelihood that they will succeed in proving the Executive Orders are constitutional and lifted Judge Abelson’s nationwide injunction. The Fourth Circuit will retain jurisdiction over the case and has agreed to an expedited schedule to consider the parties’ legal arguments in the coming months.
What now?
Notably, the Fourth Circuit’s decision does not provide a final decision on whether the Executive Orders are legal or not. However, the Stay does allow the Trump Administration to enforce the previously blocked aspects of the Executive Orders while the legal battle continues. While the legal status of these Executive Orders continues to be scrutinized, employers should proceed carefully in implementing or maintaining DEI initiatives and contact competent counsel with any questions.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
