TakeawaysA new EO targets “racially discriminatory DEI activities” by federal contractors and subcontractors.The EO will require new contract certifications and FAR amendments, impose flow down obligations to subcontractors, and reporting of potential violations by subcontractors. Contractors should review their employment, contracting, program participation, and related practices for potential exposure.Related links
Articles Discussing Workplace Diversity.
Executive Order 11246 Redux: Trump’s New Executive Order on DEI Calls for Renewed Scrutiny of Government Contractors
Executive Order 11246 Redux: Trump’s New Executive Order on DEI Calls for Renewed Scrutiny of Government Contractors
On March 26, 2026, President Trump issued an executive order, Addressing DEI Discrimination by Federal Contractors.
tgelbman@littler.com Fri, 03/27/2026 – 15:30
States Challenge USDA’s Anti-DEI Funding Conditions
On March 23, 2026, a coalition of twenty U.S. states and the District of Columbia sued the U.S. Department of Agriculture (USDA) over sweeping new USDA funding conditions that forbid vaguely defined antidiscrimination “policies,” prohibit the use of funds to “promote gender ideology,” and threaten False Claims Act liability for
DEI in the Crosshairs: New Executive Order Targets Federal Contractors
On March 26, 2026, President Donald Trump signed an executive order (EO) titled “Addressing DEI Discrimination by Federal Contractors” that, for the first time, attaches direct contractual consequences to diversity, equity, and inclusion (DEI) practices in federal contracting.
EEOC Letter Cautions Corporate America to Discontinue Unlawful DEI Programs
On February 26, 2026, U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas issued a letter to the 500 largest companies in the United States warning them of potential liability under Title VII of the Civil Rights Act of 1964 for race and sex-based discrimination that may result from diversity,
Federal Grantees Get Preview of Draft ‘Illegal DEI’ Statement and Other New Certifications
Organizations that receive federal grants, loans, or other financial assistance may soon be required to certify that they do not operate “illegal DEI” programs.
Fourth Circuit Vacates Preliminary Injunction Against Trump DEI EOs
The Fourth Circuit vacated a 2025 preliminary injunction that had blocked parts of EOs 14173 and 14151. The decision permits the government to enforce the portions of the EOs that the district court previously enjoined in February 2025, specifically the Termination and Certification Provisions.The court held the plaintiffs were unlikely to succeed on the merits because they brought only facial challenges.Although the court lifted the injunction, leaving the EOs intact, it made clear that future lawsuits could be filed if the government implements the EOs improperly, and other challenges to the EOs remain pending in other federal courts.Related links
Still No Answers: Seventh Circuit Oral Argument Leaves DEI Questions Unresolved
On January 30, 2026, the U.S. Court of Appeals for the Seventh Circuit heard oral argument in Chicago Women in Trades v. Trump, No. 25-2144, concerning whether the Trump administration can require federal contractors and grantees to certify that they do not operate diversity, equity, and inclusion (DEI) programs that
Fourth Circuit’s Narrow Ruling on Anti-DEI Executive Orders Leaves Employers With Broad Questions
On February 6, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a narrow ruling in National Association of Diversity Officers in Higher Education v. Trump, vacating a preliminary injunction that had blocked enforcement of Executive Order 14151, “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and
Federal Government Contractors Facing Uneven and Uncertain Subcontracting Risks Relating to DEI
Federal contractors and grant recipients are operating in a period of unusual transition. The Federal Acquisition Regulation (FAR) rewrite is advancing through agency deviations while formal rulemaking is set to begin. Meanwhile, agencies are simultaneously rolling out broad diversity, equity, and inclusion (DEI) certifications for contractors and grant recipients that
Fourth Circuit Allows Enforcement of DEI Executive Orders to Proceed
Fourth Circuit Allows Enforcement of DEI Executive Orders to Proceed
On February 6, 2026, The U.S.
tgelbman@littler.com Fri, 02/06/2026 – 15:26
Florida and Texas Attorneys General Announce Opposition to DEI Programs
Takeaways
Columbia University Antisemitism Settlement: DEI is Alive
The Equal Employment Opportunity Commission has opened the claims process for a $21 million class settlement with Columbia University arising from allegations of antisemitic harassment and retaliation against employees. Eligible current and former employees—including student employees—who
DEI Challenge Hits State Small Business Credit Initiative, Threatens Funding Opportunities
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Lawsuit Challenges Racial + Ethnic ‘Social Disadvantage’ Presumption in SBA and Other Federal Supplier Diversity Programs
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