Federal agencies have been enforcing President Donald Trump’s Executive Orders (EOs), with various federal and state government agencies mobilizing to carry out EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
That EO, in addition to other EOs and actions, will affect diversity, equity, and inclusion (DEI) and accommodation and affirmative action policies, practices, and programs in the federal government and private sector.
Given the potential for wide-ranging regulatory exposure, companies and other entities are encouraged to assess their specific risk through a systematic review of their internal and external DEI policies and programs while monitoring for new guidance and developments.
Below, we highlight key developments related to DEI under the Trump Administration.
Recent updates
April 23, 2025: President Trump signed EO 14281, “Restoring Equality of Opportunity and Meritocracy,” which states that disparate impact liability “violates the Constitution’s guarantee of equal treatment for all by requiring race-oriented policies and practices to rebalance outcomes along racial lines.” In addition, the EO revokes presidential actions that approved of disparate-impact liability, directing all agencies to deprioritize the enforcement of statutes and regulations that include disparate-impact liability, and to assess all pending investigations, lawsuits, and consent judgments that rely on a theory of disparate-impact liability.
April 14, 2025: The United States District Court for the Northern District of Illinois issued a preliminary injunction preventing the United States Department of Labor (DOL) from enforcing the certification and termination provisions in President Trump’s EOs 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The ruling prevents the DOL from requiring any grantee or contractor to certify that they do not operate any programs promoting DEI that violate any applicable federal antidiscrimination laws. The court also enjoined the DOL from terminating a grant issued to the plaintiff based on an EO provision requiring agencies to terminate all “equity-related” grants. However, the court declined to extend the injunction beyond the plaintiff.
March 19, 2025: Federal agencies continue to enforce President Trump’s EOs, with various federal and state government agencies mobilizing to carry out EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Our alert provides a strategic roadmap for companies targeted for investigation and enforcement.
March 15, 2025: A Federal Appeals Court stayed the Maryland District Court’s preliminary injunction order enjoining the federal government from enforcing certain provisions of EOs 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
February 21, 2025: The United States District Court for the District of Maryland issued a preliminary injunction enjoining the federal government from enforcing certain provisions of President Trump’s EOs 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
February 6, 2025: Following President Trump’s issuance of EO 14151, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” federal agencies released various memoranda signaling how the Administration ultimately could define illegal DEI.
January 21, 2025: President Trump issued EO 14151, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoking multiple EOs and presidential memoranda related to DEI, accessibility, and affirmative action.
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