Another Round on DEI: EO 14398 Targets Race-Based Discrimination and Expands Compliance Obligations for Federal Contractors

On March 26, 2026, the administration issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”), reinforcing Executive Orders issued in January 2025—particularly Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (January 21, 2025), which revoked Executive Order 11246’s longstanding affirmative action requirements for federal contractors. Once again, this Order does not (and cannot) categorically ban... By: Potomac Law Group, PLLC