Compliance Stuff

  On February 6, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a narrow  ruling  in  National Association of Diversity Officers in Higher Education v. Trump , vacating a preliminary injunction that had blocked enforcement of  Executive Order 14151 , “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and  Executive Order 14173 , “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The decision leaves employers with ongoing and significant uncertainty about what distinguishes lawful diversity, equity, and inclusion (DEI) programming from activities the administration may target for enforcement as “unlawful DEI.” 0:00 9:51 Quick Hits On February 6, 2026, the Fourth Circuit held that the plaintiffs’ facial challenges in  National Association of Diversity Officers in Higher Education v. Trump  to President Trump’s anti-DEI executive orders (EOs) were unlikely to succeed, but the court did not valid...

On March 27, 2025, a federal judge for the U.S. District Court for the Northern District of Illinois temporarily blocked the U.S. Department of Labor (DOL) from enforcing portions of two provisions in President Donald Trump’s diversity, equity, and inclusion (DEI)-related executive orders (EO) . Quick Hits A federal judge in Illinois issued a temporary restraining order blocking the DOL from enforcing certain provisions in two executive orders aimed at eliminating “illegal” DEI programs. The judge found certain provisions are coercive and undefined, likely violating the First Amendment. The ruling comes amid multiple ongoing legal challenges related to DEI initiatives. U.S. District Judge Matthew F. Kennelly issued a temporary restraining order (TRO) prohibiting the DOL from enforcing a “termination provision” that requires federal agencies to terminate grants or contracts with organizations that promote DEI and a “certification provision” that requires grant recipients to certify unde...

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit stayed enforcement of the  preliminary injunction  issued by a Maryland district court judge barring the Trump administration from proceeding with several elements of Trump’s executive orders regarding DEI or DEIA . The three-judge appellate panel  issued a short order  finding without discussion that the government had satisfied the factors for a stay as set forth by the U.S. Supreme Court. The basis for the decision appears to be a disagreement with the lower court’s determination that the plaintiffs are likely to prevail on the merits. The three judges seemed to agree that actions taken by the federal agencies pursuant to the executive orders could prove to be unconstitutional but that the orders, on their face, are not unconstitutional. Although all three judges agreed to the stay, each wrote a separate concurring opinion.  Judge Harris provided the most detail regarding the basis for her vo...

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and DEIA Discrimination and Preferences.”  In it, AG Bondi states that the DOJ will “investigate, eliminate, and penalize illegal DEI and DEIA preferences, mandates, policies, programs, and activities in the private sector and in educational institutions that receive federal funds.”   As a legal basis for such action, AG Bondi cites to the Supreme Court’s decision in  Students for Fair Admissions, Inc. v. President & Fellows of Harvard Coll. , 600 U.S. 181, 206 (2023), which held that the college and university Defendants’ affirmative action programs violated the promises of equal protection under the U.S. Constitution.  Despite the case not directly applying to Title VII, the quote relied upon by AG Bondi from that case is “eliminating r...

  On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney General Pam Bondi released a memorandum furthering the policy initiatives behind Trump’s Executive Order. Companies are now assessing their potential risk given the new administration’s clear policy to eliminate what it is referring to as “anti-discrimination” initiatives both within the federal government and private sector. Companies are likewise determining what they can do proactively to avoid becoming targets. This article explains why having an adequate compliance program, specifically a strong internal reporting mechanism is a key piece of that puzzle. Under his January 21, 2025 Ending Illegal Discrimination and Restoring Merit-Based Opportunity Order, Trump: orders all executive departments and agencies to end illegal private-sector DEI preferences, ...