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4th Circuit permits Trump anti-DEI orders to move forward — for now

  • A three-judge panel of the 4th U.S. Circuit Court of Appeals stayed a federal judge’s preliminary injunction of components from two White House executive orders targeting diversity, equity, inclusion and accessibility programs
  • The 4th Circuit’s decision effectively allows President Donald Trump to pursue enforcement of the orders, one of which called on federal agencies and contractors to end all DEI programs and initiatives, and another which directed the U.S. Department of Justice to investigate private-sector DEI programs.
  • While the decision in National Association of Diversity Officers in Higher Education v. Trump favors the Trump administration’s enforcement for the time being, the concurring opinions issued by Chief Judge Albert Diaz and Judge Pamela Harris come with some caveats for regulators.
  • Employers now await the Trump administration’s next steps toward potential legal enforcement against private-sector DEI programs, a possibility identified by Attorney General Pam Bondi in a Feb. 5 memo.

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