Trump DEI Contractor Order Stands: Judge Denies Block
The trump dei contractor order can remain in effect after a federal judge in Baltimore declined to block it, ruling that the directive reaches only conduct already prohibited by federal anti-discrimination law.
U.S. District Judge Adam Abelson, an appointee of former President Joe Biden, denied a request for a preliminary injunction on October 14, finding that the groups challenging the order had not shown it was too broad. The lawsuit, filed in April by organizations representing university faculty and minority business owners, continues — the ruling does not settle the underlying constitutional challenge.
What the Order Requires
Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” was signed by President Trump on March 26, 2026. It bars “racially discriminatory DEI activities” by companies doing business with the federal government and requires contractors to certify in writing that they comply with applicable anti-discrimination law. Businesses that fail to comply could lose their contracts and face investigation under the False Claims Act, which can bring triple damages.
The challengers, represented by the progressive legal group Democracy Forward, argued that the order wrongly presumes all DEI amounts to illegal racial discrimination, threatens constitutionally protected expression, and could discourage organizations from maintaining lawful diversity programs.
Why Both Sides Claim a Win
Abelson adopted a narrower reading of the order than the challengers feared. He wrote that “the Contractors Order only prohibits contractors from engaging in conduct that is already prohibited by federal law: intentional discrimination on the basis of race or ethnicity.” On that reading, the challengers had not shown the order to be overly broad.
The administration keeps its order in place — but Democracy Forward said the decision should reassure federal contractors, because the court made clear the order does not broadly prohibit diversity programs. Initiatives that do not involve intentional race discrimination — such as recruiting at a wider range of schools, mentoring open to everyone, or training — are not covered. The group also noted the court confirmed the order reaches no further than the work a contractor performs for the government on the specific contract carrying the language.
The Case Continues
The decision only denied preliminary relief while the lawsuit proceeds; it did not rule the executive order lawful in all respects. A separate challenge brought by 19 states and the District of Columbia is also pending in the same Baltimore court. The U.S. Department of Justice did not immediately respond to requests for comment.
Source: Reuters