On February 12, 2025, we wrote about the DEI Certification Requirement for federal contractors and grant recipients under Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Read previous alert.
At that time, a constitutional challenge had been filed in federal court, in the case of Nat’l Ass’n of Diversity Officers in Higher Education, et al. v. Trump, et al. __ F. Supp. 3d __, 2025 WL 573764 (D. Md. Feb. 21, 2025). On February 21, 2025, Judge Adam B. Abelson of the District Court of Maryland issued a lengthy memorandum opinion and granted a preliminary injunction, halting implementation of the Certification Provision nationwide.
The injunction orders that the Attorney General, federal agencies and agency heads, “and other persons who are in active concert or participation” with them, may not “require any grantee or contractor to make any ‘certification’ or other representation pursuant to the Certification Provision”. The Order also enjoined the “Termination” and “Enforcement Threat” provisions of the EO but did not prevent the Attorney General from preparing reports or pursuing investigations relating to anti-DEI directives. On February 24, 2025, the White House appealed the injunction to the Fourth Circuit Court of Appeals.
We are continuing to monitor the situation.
