Hello Chapter Members,
Here is an updated version, directly from SHRM, published today...
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A court vacated a preliminary injunction of two executive orders (EO) — EO 14151 on “Ending Radical and Wasteful Government DEI Programs and Preferencing” and EO 14173 on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” — finding they were not unconstitutional on their face. The court had previously stayed the injunction, pending appeal. Its Feb. 6 ruling was the first by a federal appeals court to find the two EOs facially constitutional.
EO 14173, issued Jan. 21, 2025, “was the most significant EO for the private sector” last year, said W. John Lee, an attorney with Morgan Lewis in Philadelphia. The U.S. Department of Justice’s Civil Rights Fraud Initiative “is a direct result of the EO and is a prominent example of how it is reshaping federal enforcement of civil rights law.” EO 14151, issued Jan. 20, 2025, set the tone for EO 14173.
On Jan. 21, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas made it clear that the EEOC’s enforcement priorities had shifted in alignment with President Donald Trump’s EOs.
While the 4th U.S. Circuit Court of Appeals vacated the injunction, it sent the case back to the district court for further proceedings and left open the possibility of challenges based on individual application of the EOs.
Many HR leaders are asking what comes next. SHRM has consistently provided you clear, prescient insight — focusing on the law, the horizon, and what truly matters for the workplace — so you can navigate these challenges with confidence. Trust SHRM for credible guidance and insights that keeps you legally compliant, workplace unifying, and business accretive, positioning your organization for the future of work. |
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