CHICAGO (AP) - A federal judge on Tuesday issued a preliminary injunction that prevents the U.S. Department of Labor from requiring government contractors and grant recipients to certify they do not operate any diversity, equity and inclusion programs that run afoul of anti-discrimination laws until further order from the court.
Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois issued the ruling in response to a lawsuit filed by Chicago Women in Trades, a nonprofit dedicated to training and retaining women in skilled construction trades that receives several grants from the Department of Labor.
The certification provision is a key part of President Donald Trump´s executive orders aimed at curbing DEI programs because contractors and grant recipients could be subjected to crippling financial penalties under the False Claims Act if they are found in violation of it.
The lawsuit filed by Chicago Women in Trades argued that Trump's executive orders infringe on First Amendment Rights and are so broad and vague in their definition of what might constitute illegal DEI as to make compliance impossible.
Kennelly had already issued a temporary restraining order against the Labor Department last month that was shorter in duration. His order is limited in scope because he declined to extend the injunction to other federal agencies beyond DOL.
However, he ruled that Chicago Women in Trades was ultimately likely to succeed in its lawsuit against key parts of the executive orders, writing that it is "anything but obvious" what constitutes "illegal DEI programs" in the government's view.
The lawsuit is one of several challenging Trump´s executive orders targeting DEI programs in both the private and public sectors. A federal appeals court last month lifted a Baltimore judge´s block on the anti-DEI orders in a similar case.
Trump signed two DEI-related executive orders in January, one of which directs federal agencies to eliminate their own DEI activities and end any "equity-related" grants or contracts. The other takes broader aim by imposing the certification provision on all companies and institutions with government contracts or grant dollars. It also directs federal agencies to identify private companies, non-profits or foundations for potential investigation into DEI practices.
In response to Tuesday's ruling, Justice Department spokesperson Natalie Baldassarre said that the DOJ "has vigorously defended President Trump´s executive actions, including the order to end radical and wasteful government DEI programs, and will continue to do so."
Chicago Women in Trades and lawyers for the organization had no immediate comment.
Kennelly on Tuesday also prohibited the Labor Department from canceling or freezing a congressionally-appropriated grant to Chicago Women In Trades under the Women in Apprenticeship and Nontraditional Occupations initiative, which aims to expand pathways for women seeking to enter skilled trades. Kennelly said taking away that grant would violate separation of power provisions under the Constitution.
However, Kennelly's injunction is narrower in scope than his earlier decision to prohibit the Labor Department from canceling all grants to Chicago Women in Trades.