Fourth Circuit Rejects Broad Challenge To DEI Certification Requirements

February 12, 2026

What's New

The Fourth Circuit, in National Association of Diversity Officers in Higher Education v. Trump, resolved a challenge to portions of two Executive Orders by vacating a lower court’s preliminary injunction—an order the appeals court had already stayed—that addressed agency efforts to halt funding for certain DEI-related programs and to require contractors and grant recipients to certify that they do not operate any programs promoting DEI that violate federal nondiscrimination laws. While the court left open the possibility of narrower challenges, it concluded that the plaintiffs were unlikely to succeed in broadly contesting the Executive Orders’ core requirements. Other lawsuits challenging these provisions remain pending in federal courts, and the legal landscape may continue to evolve.

What It Means

The Fourth Circuit’s decision removes one hurdle that might have delayed widespread implementation of these certification requirements, while leaving broader legal questions unresolved. Though the ruling does not require any change in agency practice, it would not be surprising if agencies more consistently implement compliance certifications tied to federal nondiscrimination laws as rules implementing the requirements make their way through the regulatory process.

What You Should Do

Federal contractors and grant recipients should confirm they have reliable systems in place to support compliance certifications and to mitigate potential False Claims Act risk. These issues will be a major focus of discussion at CWC’s Workplace Policy Conference on March 18-19. Employers seeking deeper guidance may also register for our Managing Civil Rights Compliance and Risk course.

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