Trump Administration Sued A Second Time Over DEI-Related Executive Orders

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection clauses of the U.S. Constitution. The lawsuit was filed on behalf of three nonprofit civil rights organizations—the National Urban League, the National Fair Housing Alliance, and the AIDS Foundation of Chicago—claiming that the orders will severely limit the organizations’ ability to provide critical social and health services.

They are asking the District Court to declare that executive orders 14151 (“Ending Radical and Wasteful Government DEI Programs And Preferencing”), 14168 (“Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”), and 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) are “unlawful, unconstitutional, and invalid,” and that the Trump administration be ordered to “unwind” them and otherwise bar them from trying to enforce the orders.

Janai Nelson, President and Director-Counsel of LDF, states, “Beyond spreading inaccurate, dehumanizing, and divisive rhetoric, President Trump’s executive orders seek to tie the hands of organizations, like our clients, providing critical services to people who need them most.”

The lawsuit names President Trump himself, along with 13 specific federal agencies (including the Office of Federal Contract Compliance Programs and the broader Department of Labor) and their individual administrators.

Plaintiffs claim seven specific violations:

• One First Amendment claim that the orders discriminate on the bases of viewpoints and content, and “chill” free speech;
• Three claims under the Fifth Amendment that the orders are unconstitutionally vague and discriminate on the bases of race, sex, sexual orientation, gender identity, and transgender status;
• Two “ultra vires” claims that the President’s orders exceed Presidential authority by usurping the legislative function and demanding action contrary to statutory law; and
• One violation of the Administrative Procedure Act.

Note that the complaint does not ask for an immediate injunction or temporary restraining order while the case is being heard, though motions for such can be filed after the complaint.

Looking Ahead

This is the second lawsuit challenging President Trump’s DEI-related executive orders. The likely outcome of this new litigation is unclear at this early stage, and these lawsuits may not be the last the Trump administration will see over its efforts to end illegal DEI practices. As always, Berkshire will continue to monitor and bring you relevant news as it develops.

If you have questions about this or any other federal, state, or local EEO obligations for employers, feel free to reach out to us at bai@berkshireassociates.com.