In another setback to Boeing Chief Legal Officer Brett Gerry, a judge on Thursday rejected a plea deal that would have resolved a federal safety probe dating back to the crashes of two 737 Max jetliners that killed 346 people five years ago.

Reed O’Connor, a federal judge in Fort Worth, Texas, appointed by President George W. Bush, ruled that DEI policies at the federal government and at Boeing could make race a factor in the selection of the independent monitor to oversee Boeing’s compliance with the plea agreement.