
Oregon Attorney General Dan Rayfield said Wednesday that the state has jumped into a multistate legal challenge to President Trump’s executive order that bars certain diversity, equity and inclusion activities by federal contractors. Rayfield warned that the order’s sweeping language could punish companies that run long-standing recruitment, mentoring and supplier-diversity programs and could disrupt services that Oregonians rely on. The filing lands in the middle of a national wave of litigation as contractors and campuses scramble to figure out what they are suddenly expected to shut down.
In a statement to KOIN, Rayfield said “the Trump administration’s vague, unreasonable mandates threaten to disrupt programs Oregonians depend on and punish contractors for following laws they have complied with for decades.” Oregon’s move joins other attorneys general and advocacy groups in a Maryland case that seeks to stop the new contracting clause before federal agencies finish inserting it into contracts.
What the order does
The executive order, titled “Addressing DEI Discrimination by Federal Contractors” and signed March 26, 2026, directs federal agencies to include contract terms that forbid “racially discriminatory DEI activities” and gives agencies authority to demand records and enforce compliance, according to the White House. Civil rights attorneys and contractors say the order’s definitions are broad enough that they could sweep in routine workplace programs that many employers treat as lawful and as job-market essentials.
How the government is implementing it
The Federal Acquisition Regulatory Council issued a model deviation adding FAR clause 52.222-90 and told agencies to include the clause in new solicitations starting April 24, 2026, and to bilaterally modify most existing contracts by July 24, 2026, according to Crowell & Moring. The guidance also makes noncompliance an explicit ground for suspension, debarment and possible exposure under the False Claims Act.
The legal fight
A coalition led by the National Association of Diversity Officers in Higher Education filed suit in the U.S. District Court for the District of Maryland on April 20, arguing the order violates the First and Fifth Amendments and the Administrative Procedure Act, as reported by Higher Ed Dive. Legal observers, including the Just Security litigation tracker, are following the case, and plaintiffs asked a Maryland judge for a preliminary injunction in early June.
Contractors are already scrambling
Contracting officers have started inserting the new clause into solicitations and negotiating bilateral modifications, which leaves firms little time to decide whether to accept the clause or fight it, according to Federal News Network. Legal experts warn that prime contractors will face heavier compliance burdens because the requirement flows down to subcontractors and obligates primes to police lower tiers of their supply chains.
Why Oregon says it matters
Oregon officials say the order could reach deep into state agencies and public universities. KOIN reports that Oregon agencies and campuses hold federal contracts with entities such as the Department of Veterans Affairs and the Army Corps of Engineers. State filings warn that contractors could face canceled contracts, exclusion from future federal work and False Claims Act suits, and attorneys general estimate the rule could affect hundreds of thousands of contracts and subcontracts.
What’s next
Plaintiffs have asked a Maryland judge to block the order while the case proceeds, a request that could trigger expedited briefing on whether the rule can be enforced during the litigation, according to Higher Ed Dive. Observers say the outcome in the Maryland case could shape how federal agencies move forward. In the meantime, contractors and states are bracing for both enforcement and more courtroom battles.
For Oregon, the lawsuit underscores how quickly a White House contracting directive can ripple into local contracts and campuses. State officials say they plan to keep pressing the case to protect contractors and the programs that depend on federal work.









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