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On March 26, 2026, President Trump issued a new Executive Order—“Addressing DEI Discrimination by Federal Contractors.”The EO addresses DEI activities that discriminate via disparate treatment by race or ethnicity. The EO does not cover disparate treatment for other categories such as sex, national identity, religion, age, and disability status.

In January 2025, President Trump issued Executive Order (EO) 14173. The EO ordered government agencies, contractors, and other federally funded organizations to stop DEI programs that violate Federal civil rights laws. The General Services Administration (GSA) is proposing to add new certification language regarding unlawful DEI programs in the System for Award Management (SAM) for entities registering for eligibility for federal financial assistance (i.e., grants).

On September 11, 2025, the Fourth Circuit heard oral argument in one of the first cases to challenge the constitutionality of the two clauses in Executive Order 14173 that have been nicknamed “the certification provisions.”