Update on DEI—Federal Court Temporarily Blocks Most of the Administration’s DEI Orders, But Uncertainty Continues
On February 21, 2025, a federal court in Maryland issued a temporary restraining order (the “TRO”) blocking implementation, for now, of parts of the Executive Orders that the U.S. Administration issued relating to diversity, equity and inclusion (DEI) practices, including at private sector companies. Notwithstanding the TRO, uncertainty continues for companies as to what actions, […]
Gail Weinstein is a Senior Counsel, Philip Richter is a Partner, and Steven Epstein is the Managing Partner, at Fried, Frank, Harris, Shriver & Jacobson LLP. This post is based on a Fried Frank memorandum by Ms. Weinstein, Mr. Richter, Mr. Epstein, and Steven J. Steinman.
On February 21, 2025, a federal court in Maryland issued a temporary restraining order (the “TRO”) blocking implementation, for now, of parts of the Executive Orders that the U.S. Administration issued relating to diversity, equity and inclusion (DEI) practices, including at private sector companies. Notwithstanding the TRO, uncertainty continues for companies as to what actions, if any, they should take with respect to their DEI policies, programs and practices. While the TRO temporarily blocks “enforcement actions” against private sector entities relating to their DEI policies and practices, it does not block the President’s directive to the U.S. Attorney General to develop a specific plan to eliminate “illegal DEI” in the private sector.
Below, we discuss:
