• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Update: Trump Wins Stay of Ruling that Blocked DEI Executive Orders

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: March 31, 2025
4 minute engagement
DEI in the spotlight

The courtroom battle over DEI initiatives rages on.

In the latest development in an important ongoing case, a federal appeals court has temporarily blocked a ruling that halted enforcement of key provisions in two anti-DEI executive orders issued by President Trump shortly after he took office.

The ruling freezes the pendulum in a case that still has a way to go before a final resolution is reached.

Background: Fast-Moving DEI Case Reaches Appeals Panel

This case involves a challenge by three associations and the mayor and city council of Baltimore to key provisions of two executive orders Trump signed soon after his inauguration.

Those orders declared war on DEI initiatives, including by:

  • Directing executive agencies to terminate “equity-related” contracts.
  • Directing executive agencies to include in every contract or award a certification that the contractor/grantee does not operate programs “promoting DEI.”
  • Directing the federal attorney general to encourage the private sector to end DEI, and to deter such programs via “civil compliance investigations.”

Those three specific directives are the focus of the suit. The plaintiffs say that in combination, they violate the Constitution’s Spending Clause and Free Speech Clause — and that they present further constitutional problems relating to vagueness and separation of powers.

Lower Court Hamstrings Enforcement of DEI Orders

They fared well overall with those arguments at the district court, which decided they were entitled to a preliminary injunction blocking enforcement of those provisions. The lower court issued its ruling based on the plaintiffs’ claims relating to free speech and vagueness.

It said that as to the provision requiring the termination of “equity-related” contracts and grants, the plaintiffs are likely to succeed on that allegation of unconstitutional vagueness.

The lower court also said that the plaintiffs are likely to win on their claim that the certification provision unconstitutionally restricts the free speech rights of federal contractors and grantees.

And the enforcement provision likely is unconstitutional because it threatens enforcement actions that are based on protected speech, the court decided.

Notably, the lower court said its injunction applied on a nationwide basis and extended to non-parties to the litigation.

The government’s predictable appeal followed on the heels of the February 21 decision to grant the requested relief. In the appeal, it asked a federal appeals court to grant its motion for a stay of the injunction pending appeal. Alternatively, it asked the appeals panel to limit the injunction’s application to the plaintiffs and named defendants in this litigation.

In support of its application for a stay, the government said the challenged DEI orders are limited and do not purport to make all DEI efforts illegal.

Appeals Court: Hold on a Minute

In mid-March, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision on the government’s motion.

The panel decided that the government satisfied the factors needed to show entitlement to a stay. Those factors are:

  • Whether the applicant for the stay is likely to succeed on the merits.
  • Whether the applicant will be irreparably harmed if the stay is denied.
  • Whether a stay will substantially injure the other side.
  • Whether granting a stay is in the public interest.

The appeals court’s order concluded that the applicable factors have been satisfied.

An important point to note about the appeals court’s order is the fact that two of the three appeals panel judges, while concurring with the conclusion that a stay is warranted, nonetheless expressed their clear support for DEI programs.

Judges Express Support for DEI Programs

Chief Judge Albert Diaz said people who work to promote DEI “deserve praise, not opprobrium,” and Judge Pamela Harris echoed that sentiment. Diaz also suggested that there is a vagueness problem with the challenged executive orders, commenting that “neither order ever defines DEI or its component terms.”

In other words, it’s one thing to say that a stay was warranted – but it’s quite another to say that the issuance of a stay presages an ultimate win for the government on the merits.

This latest development is a win for the government to the extent that it places the stay on hold. But there are also subtle signals that the challenged order provisions may ultimately be invalidated.

Remember: The appeals court did not make a final decision on the fate of these DEI executive orders. Instead, the case now moves to a more in-depth court analysis of their validity.

National Ass’n of Diversity Officers in Higher Education v. Trump, No. 25-1189 (4th Cir. 3/14/25).

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Workplace Compliance Trends for 2025

Provided by Paycom

Webinars

Remote Recruiting, Interviewing, Hiring, and Onboarding During COVID-19

Webinars

State Mandates and the Future of Retirement: How Smart Employers are Acting Now

Provided by Ubiquity

Webinars

Benefits that Attract Millennials for the Long Term

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Workplace Safety Violations: Adidas Faces $396K Fine

OSHA has taken enforcement action against Adidas America Inc., a global athletic apparel and footwear company, for “continuing to ignore...

  • Employment Law
  • Retirement Plans
DOL issues new guidance on PLESAs: What HR needs to know

The Department of Labor (DOL) recently issued new federal guidance on pension-linked emergency savings accounts (PLESAs) that employers sho...

  • Employment Law
Heads up: OSHA announces new reporting requirements

Beginning at the start of 2024, certain employers in specified industries will need to electronically submit injury and illness information...

  • Employment Law
  • Work Location
New RTO lawsuit: Company cut bonus in half because employee worked from home

As the RTO wars continue, employers are pushing hard to get workers back into their cubicles, with some going so far as to “incentivize...

  • Employment Law
FMLA Training for Managers: 8 Important Things To Cover

Let’s face it: The Family and Medical Leave Act can be daunting for the most seasoned HR pros. So it’s not surprising that mana...

  • Employment Law
Pet Store Pays $340K to Settle Sexual Harassment Lawsuit

Bark If You’re Dirty, a pet store with locations in Phoenix and Scottsdale, Arizona, has agreed to pay $340,000 and provide additional re...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.