Key Points:
The Court imposed a nationwide preliminary injunction on federal government agencies barring the federal government from taking any action intended to effectuate or enforce the provisions of §§ 4 and 5 of Executive Order 13950 (EO 13950) against federal contractors and federal grant recipients, as well as their federal sub-contractors and sub-grantees. EO 13950 forbids diversity and inclusion training that promotes or endorses “divisive race and gender concepts” as defined in EO 13950.
The Court’s nationwide injunction has delayed the investigative and compliance actions and enforcement actions authorized under EO 13950. In addition, it is likely that President-elect Joe Biden will overturn EO 13950 shortly after taking office on January 20, 2021. As a result, the prohibitions, compliance actions, requests for information and enforcement actions imposed on federal contractors and federal grantees under EO 13950 and by the OFFCP are in abeyance until either the