Photo credit: abcnews.go.com
CHICAGO — A federal judge has temporarily halted the U.S. Department of Labor from enforcing certain aspects of President Donald Trump’s executive orders that are designed to limit diversity, equity, and inclusion (DEI) initiatives among federal contractors and grant recipients.
Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois has issued an order preventing the Department of Labor (DOL) from compelling federal contractors and grantees to certify that their programs do not violate Trump’s directives against DEI practices.
This certification requirement has intensified scrutiny on businesses and organizations to reassess their DEI policies, as failing to comply could expose them to severe financial consequences under the False Claims Act.
The ruling comes following a lawsuit initiated by Chicago Women in Trades, a nonprofit established in 1981 that focuses on equipping women for careers in skilled construction trades and holds several contracts with the Department of Labor. There has been no immediate response from Chicago Women in Trades regarding Kennelly’s decision. The Department of Justice has also not commented on the ruling.
A hearing to discuss the nonprofit’s request for a more permanent injunction against Trump’s anti-DEI executive orders is scheduled for April 10.
This case is part of a broader legal challenge against the executive orders that target DEI programs across various sectors. On his first day in office, Trump signed an order instructing federal agencies to terminate all “equity-related” grants and contracts. This was followed by another directive stipulating that federal contractors must confirm that they do not “operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”
Judge Kennelly’s decision arrives less than two weeks after a court lifted a nationwide injunction against Trump’s anti-DEI orders in a separate case in Baltimore. However, Kennelly’s ruling is limited solely to the Department of Labor and does not extend to other federal agencies.
Chicago Women in Trades contends that Trump’s executive orders are ambiguously drafted, rendering it impossible for them to ensure compliance, which poses a threat to their operational mission.
Kennelly noted that the organization is likely to prevail in its claims that certain elements of the executive orders infringe upon free speech rights and lack clarity. He commented that the DOL has failed to provide sufficient guidance on what constitutes illegal DEI programs, creating uncertainty for organizations trying to comply.
He reasoned that, due to the vagueness of the executive orders coupled with the potential for harsh financial penalties, many organizations might feel pressured to limit their DEI programs, potentially infringing on free speech rights. “It is likely that many of these grantees will take the safer route and choose to simply stop speaking on anything remotely related to what the government might consider to promote DEI or equity,” Kennelly elaborated, indicating that a nation-wide restraining order is warranted to protect these grantees from the risks associated with potential retaliatory actions from the government.
In addition, the judge prohibited the DOL from suspending or terminating funding for Chicago Women in Trades, as well as from initiating any False Claims Act actions against the organization.
During the preceding hearing, the Trump administration contended that the motion for relief from Chicago Women in Trades was premature, asserting that their arguments were based on speculative interpretations of the executive orders’ implementation.
In contrast, Chicago Women in Trades presented evidence in court indicating multiple communications from the Department of Labor instructing them to comply with the DEI executive orders. They also reported losing a subcontract due to compliance issues related to these orders.
Chicago Women in Trades has a longstanding partnership with various entities, including federal and state agencies, aimed at improving recruitment and retention of women in skilled trades. Their initiatives also focus on tackling gender bias and harassment, which are significant challenges within this male-dominated industry.
The organization has been awarded federal grants in the past, including two under the first Trump administration associated with the Women in Apprenticeship and Nontraditional Occupations program, which aims to open up more pathways for women entering skilled trades.
________
The Associated Press’ coverage of women in the workforce and state government is supported by Pivotal Ventures. AP is fully accountable for the content produced. For more information on AP’s standards in collaboration with philanthropic organizations, as well as a list of supporters and the areas of funded coverage, visit AP.org.
Source
abcnews.go.com