The Fourth Circuit has rejected a broad effort to block DEI certification requirements for federal contractors and grantees. The case is National Association of Diversity Officers in Higher Education v. Trump.

The ruling resolved a challenge to portions of two Executive Orders by vacating a lower court’s preliminary injunction against agency efforts to halt funding for some DEI-related programs and to require contractors and grant recipients to certify that they do not operate any programs promoting DEI that violate federal nondiscrimination laws.

Other lawsuits challenging these provisions remain pending in federal courts.

The Fourth Circuit’s decision removes one hurdle that might have delayed widespread implementation of these certification requirements. The ruling does not require any change in agency practice, but it would not be surprising if agencies require compliance certifications as rules implementing the requirements make their way through the regulatory process.

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will discuss these issues at its Workplace Policy Conference on March 18-19. Employers seeking deeper guidance may also register for our Managing Civil Rights Compliance and Risk course. CWC members can read more here.