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Executive Order 14398 – Addressing DEI Discrimination by Federal Contractors

By Steven Masiello and Joshua Fix
April 9, 2026
  • General
  • Government Contracts
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On March 26, 2026, President Trump signed Executive Order (“EO”) 14398. 91 Fed. Reg. 16,147 (Mar. 31, 2026) (“EO 14398”). The EO is titled “Addressing DEI Discrimination by Federal Contractors.” This was the second EO President Trump signed about diversity, equity, and inclusion (DEI) in federal contracting.1 On January 21, 2025, the day after he took office, President Trump signed EO 14173. 90 Fed. Reg. 8,633 (Jan. 31, 2025) (“EO 14173”). That order also set rules limiting how government contractors use certain DEI programs. EO 14398 does not replace or supersede EO 14173. As a result, government contractors and subcontractors now face an added layer of complexity from the new EO. The following aims to simplify that complexity. It also highlights issues that may deserve further review by government contractors and subcontractors.

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EO, government contracts, New Regulations
Steven Masiello

About Steven Masiello

Steven M. Masiello is the chair of the US Government Contracts practice and a leader of the firm's Global Government Contracts and Procurement group. Masiello serves as lead counsel in complex government contract matters across numerous industry segments concerning state, federal, and foreign military funded transactions in the US courts, agency boards and under domestic and international alternative dispute resolution procedures.

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Joshua Fix

About Joshua Fix

Joshua Fix is a managing associate in the Firm’s Government Contracts practice and resides in the Washington, DC office. Joshua has over 10 years of litigation experience and 9 years of investigations experience in over 300 civil, criminal, and administrative cases at both trial and appellate levels.

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