The TRO issued by Judge Kennelly is a significant check on the federal government’s recent attempts to impose sweeping restrictions on DEI initiatives through the contracting process. While the immediate relief applies to the DOL, and the broader legal challenges to Executive Orders 14151 and 14173 continue, federal contractors and grantees must remain vigilant.

This latest guidance from the EEOC and DOJ is not a rejection of DEI goals—it’s a reminder that equality under the law must guide how those goals are pursued. Employers can still promote inclusion, equity, and belonging, but they must do so in ways that comply with Title VII and avoid discriminatory practices, regardless of intent.