President Trump’s Executive Orders on DEI and Their Potential Impact on the Private Sector
Since taking office, President Trump has signed a flurry of executive orders, several of which target diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs and initiatives. At a high-level, these executive orders seek to end “illegal” DEI programs and affirmative action obligations in the federal workforce, and to “encourage” private-sector employers to do the same. On February 21, 2025, a federal district judge in Maryland entered a nationwide preliminary injunction against enforcement of key provisions in the Executive Orders.
This Memo is intended to provide guidance for navigating DEI programming in the private sector and government contracting in light of the current political and legal landscape. The Memo begins with an overview of the relevant executive orders and related memoranda, discusses the potential implications of these orders on the private sector, summarizes the nationwide preliminary injunction currently in place, and concludes with recommendations for best practices in anticipation of potential inquiry or investigation.