A federal district court recently refused to narrow its preliminary injunction blocking the Department of Labor from enforcing the certification portion of President Trump’s E.O. 14173. The executive order requires every government contractor or grant recipient to certify that it does not operate any DEI programs that violate anti-discrimination laws. In Chicago Women In Trades (CWIT) v. Trump, the government argued that a recent Supreme Court decision required a more limited injunction, but the court disagreed.
There are three major lawsuits challenging E.O. 14173:
- CWIT v Trump: The injunction against the Labor Department’s enforcement is on appeal to the Seventh Circuit;
- National Association of Diversity Officers in Higher Education (NADOHE) v. Trump: The court’s preliminary injunction prohibiting the government from enforcing the certification provisions is stayed pending appeal to the Fourth Circuit; and
- National Urban League v. Trump: The D.C. federal district court is considering the government’s motion to dismiss.
Until the courts decide these cases, contractors should maintain strong civil rights compliance programs.
The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will discuss these lawsuits at its Member Briefing: A Look Back and Ahead on December 10. CWC members can read more here.