A federal judge on March 27 temporarily blocked the U.S. Labor Department from enforcing parts of President Donald Trump’s executive orders aimed at curbing diversity, equity, and inclusion (DEI) programs among federal contractors and grant recipients.
In the meantime, the judge said he would consider a longer-lasting injunction against the measure.
Under the latter order, failure to certify could leave the grantee liable to pay various penalties under the False Claims Act.
The organization has several contracts with the Department of Labor.
According to the lawsuit, CWIT receives federal funding through five federal programs that are directly affected by Trump’s anti-DEI executive orders, and approximately 70 percent of participants in its programs identify as black or Latina.
The lawsuit argues that Trump’s executive orders targeting DEI are so “broad” and “vague” that CWIT does not know whether the administration considers its work to be illegal or not.
It further argues that the requirement that grant recipients certify they do not operate any DEI programs is a violation of free speech rights.
CWIT claims that the harm resulting from the organization’s inability to provide education, training, support, and guidance for women in trades under Trump’s DEI orders “would be immeasurable.”
The lawsuit asks the court to declare Trump’s anti-DEI orders unlawful and unconstitutional and seeks a preliminary injunction to stop their future enforcement.
In handing down his ruling, Kennelly said CWIT was likely to succeed in its arguments.
“The Order that contains the Certification Provision does not define the term ‘DEI’ itself, and it does not refer to any other source indicating what the term means as used in the Order—let alone what might make any given ‘DEI’ program violate Federal anti-discrimination laws,” Kennelly wrote.
“Although the government emphasized, both in its brief and at oral argument, that the Certification Provision implicates only illegal DEI programs, it has studiously declined to shed any light on what this means. The answer is anything but obvious.”
The judge added that the impact of the certification provision on CWIT and other grantees is also “likely to result in self-censorship.”
Kennelly banned the Labor Department from freezing any grants to CWIT on the basis of Trump’s “equity-related” grants order and blocked the Trump administration from pursuing any False Claims Act enforcement against it.
He scheduled a hearing on CWIT’s bid for a longer-lasting pause for April 10.
During a hearing on March 25, the Trump administration argued that CWIT’s efforts to secure an injunction were premature because its arguments rely on speculation about how the executive orders will be implemented.
However, the organization claimed in court filings that it has multiple communications from the Department of Labor directing it to ensure compliance with both DEI-related executive orders. It said it has already lost a subcontract with a contractor trying to comply with the order.
In a statement, the organization called Kennelly’s ruling “a truly significant first step that allows us to continue our mission, at least for now.”
“We are dedicated to our core purpose: preparing women to enter and succeed in high-wage skilled trades that enable them to put food on their tables and better quality of lives for their families,” it said.
The Epoch Times has contacted the Labor Department for comment.
