Two of President Trump’s DEI-related executive orders are being challenged in a lawsuit from the National Association of Diversity Officers in Higher Education. NADOHE’s lawsuit, filed February 3 in the U.S. District Court for the District of Maryland, asserts that Executive Orders 14151 and 14713 violate the Constitution’s due process and free speech protections and asks the court to declare them unconstitutional. The American Association of University Professors, Restaurant Opportunities Centers United, and the City of Baltimore joined the lawsuit.
The lawsuit challenges:
- O. 14151, Ending Radical Government DEI Programs and Preferencing, which directed federal agencies to terminate DEI offices, positions, and equity-related grants and contracts; and
- O. 14713, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which rescinded E.O. 11246 and directed federal agencies to require contractors and grant recipients to certify that they do not operate any DEI programs that violate federal anti-discrimination laws.
The court will consider whether it should issue a preliminary injunction while the litigation proceeds.
CWC’s upcoming 2025 Workplace Policy Conference will feature a detailed discussion of these developments.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.