Temporary Restraining Order Granted Prohibiting Enforcement of DEI Executive Order

A temporary restraining order has been granted by the U.S. District Court for the Northern District of Illinois in favor of the nonprofit organization Chicago Women in Trades (CWIT) prohibiting enforcement of Executive Order 14151 – Ending Radical and Wasteful Government DEI Programs and Preferencing by the Department of Labor. CWIT was facing termination of a number of federally funded contracts due to CWIT’s work in promoting diversity, equity, and inclusion through its programs that assist women in entering and remaining in high-wage skilled trades.

In its opinion, the Court found that Executive Order 14151 “is likely a coercive threat” that would violate the First Amendment. The Court noted that Executive Order 14151 required federal agencies to “terminate ‘illegal and immoral discrimination programs, going by the name ‘diversity, equity, and inclusion’” but the Order also provided “no definition or even an example of what is considered “illegal DEI.” The Court concluded that this lack of clarity resulted in a coercive threat and large chilling effect with respect to “any protected speech that might touch upon whatever the government now contends to be ‘DEI,’ DEIA,” or “equity…” rendering the Executive Order 14151 unconstitutionally vague and therefore impermissible.

The temporary restraining order prohibits the Department of Labor from pausing, freezing, impeding, blocking, cancelling, or terminating “any awards, contracts or obligations to which CWIT acts as the primary awardee, grantee, contractor, sub-awardee, sub-grantee, or sub-contractor…” A preliminary injunction hearing in the matter is scheduled for April 10, 2025.

Any questions about this Client Alert or our services in connection with nonprofit government contracts can be directed to mark.franco@rimonlaw.com.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.

Mark Franco serves or has served as outside counsel for multiple professional and trade associations, public and private foundations, religious organizations, certification and accreditation bodies, advocacy organizations, political action committees, social clubs and other non-profit, tax-exempt organizations. He has substantial experience handling matters involving accommodations, accreditation and certification standards, chapter relations, charitable solicitations, contracts, credentialing, data security, due process, employment, entity formation, exam challenges and misconduct, fundraising, governance, intellectual property, policy development including DEI, privacy, professional ethics and discipline, regulatory compliance, score validation, test administration, tax, and vendor relations.  He is an I.C.E. Certified Credentialing Professional. Read more here