Resources
Additional Information
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Incident Nature:
Other
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Incident Political Orientation:
Not Clear -
Incident Responses:
Litigation
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Incident Status:
In litigation Federal District Court
- Was Speech Code incident
Summary
On April 20, 2026, the National Association of Diversity Officers in Higher Education (NADOHE), American Association of University Professors (AAUP), United Academics of Maryland–University of Maryland, College Park, National Association of Minority Contractors (NAMC), and NAMC DMV Chapter filed suit in the U.S. District Court for the District of Maryland challenging Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” issued on March 26, 2026. The complaint challenges provisions restricting diversity, equity, and inclusion related activities by federal contractors and subcontractors.
The complaint alleges that the executive order violates the First Amendment, Fifth Amendment Due Process Clause, and separation of powers principles by imposing restrictions on protected speech and activities through federal contracting requirements. Plaintiffs allege that the order’s certification requirements and enforcement mechanisms are vague and could apply to lawful diversity related programs, research, training, and organizational activities.
The plaintiffs seek declaratory and injunctive relief preventing enforcement of the executive order. The lawsuit argues that the order imposes conditions on federal contractors that exceed executive authority and restrict lawful speech and association.
