Anti‑DEI order sued

- A coalition of higher-education and minority associations filed suit challenging a new anti-DEI executive order. - Ogletree Deakins reported the legal challenge targets rules affecting federal contractors, including universities. - The lawsuit reinforces how politicised federal directives increase compliance complexity for campuses. (cyprus-ceo.com)

A coalition led by the National Association of Diversity Officers in Higher Education sued on April 20 to block President Donald Trump’s new anti-DEI order for federal contractors. (natlawreview.com) The case, filed in the U.S. District Court for the District of Maryland, challenges Executive Order 14398, which Trump signed on March 26, 2026. The order tells agencies to add a new contract clause barring “racially discriminatory DEI activities.” (democracyforward.org) Under the order, agencies have 30 days from March 26 — effectively until April 25 — to insert the clause into covered contracts and subcontracts. Ogletree Deakins said noncompliance can bring contract cancellation, suspension, debarment from future work, and possible False Claims Act exposure. (ogletree.com) The lawsuit says the administration’s definition reaches beyond illegal discrimination and sweeps in lawful campus and workplace programs that discuss race, mentoring, training, and affinity-group participation. Higher Ed Dive reported the plaintiffs say even voluntary, open-to-all gatherings tied to race or ethnicity could be chilled. (highereddive.com) That matters for colleges because many universities are federal contractors through research, health, defense, and service agreements. A contract rule can hit a campus budget faster than a change in education guidance because it ties compliance directly to eligibility for federal business. (forbes.com) The plaintiffs include higher-education groups, the American Association of University Professors, the National Association of Minority Contractors, and a local minority-contractors chapter. They are asking the court for declaratory relief and an injunction stopping enforcement. (govexec.com) This is not the first Maryland fight over Trump’s DEI directives. In February 2025, U.S. District Judge Adam Abelson preliminarily blocked key parts of earlier orders after finding the terms were likely vague and raised First Amendment problems. (ogletree.com) The new March 2026 order was written more narrowly than those earlier directives because it focuses on race and ethnicity and defines the conduct it targets. Ogletree Deakins said that narrower drafting still leaves employers and campuses with immediate questions about audits, subcontractor oversight, recordkeeping, and contract certifications. (ogletree.com) The White House is defending the policy as an anti-discrimination measure, not a speech restriction. In a statement reported by The Daily Signal, spokeswoman Abigail Jackson said Trump is acting to ensure “every American, regardless of race, is treated equally.” (dailysignal.com) The immediate question is whether the Maryland court will pause the order before the April 25 contract-clause deadline arrives. Until then, colleges and other federal contractors are deciding whether to rewrite programs, sign certifications, or wait for a judge. (bloomberglaw.com)

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