News & Analysis as of

Diversity and Inclusion Standards (D&I) Enforcement Actions Anti-Discrimination Policies

PilieroMazza PLLC

[Webinar] DOJ Uses FCA to Target DEI Policies and Antisemitism: The Impact on Government Contractors - July 10th, 2:00 pm - 3:00...

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In the wake of Executive Order 14173, federal contractors face heightened scrutiny of their Diversity, Equity, and Inclusion (DEI) initiatives. The EO requires contractors to certify that DEI programs comply with federal...more

Husch Blackwell LLP

DE&I Rollbacks: Are Banks in the Crosshairs?

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In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...more

Holland & Knight LLP

Civil Rights Laws and False Claims Act: What Colleges and Universities Need to Know Now

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The U.S. Department of Justice (DOJ) announced on May 19, 2025, that it would use the False Claims Act (FCA) against institutions and contractors receiving federal funding that "knowingly" violate federal civil rights laws...more

Hahn Loeser & Parks LLP

DOJ Civil Rights Fraud Initiative Set to Target Federal Government Contractors and Grantees

The U.S. Department of Justice (DOJ) launched the Civil Rights Fraud Initiative (the “Initiative”), which was announced on May 19, 2025 via Memorandum from Deputy Attorney General, Todd Blanche, and a related press release...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

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The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

Alston & Bird

DOJ Civil Rights Fraud Initiative Targets Allegedly Discriminatory Practices by Educational Institutions

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The Department of Justice’s Civil Rights Fraud Initiative treats federally funded colleges’ and universities’ DEI programs and other allegedly discriminatory practices as False Claims Act violations. Our Education Team breaks...more

Kilpatrick

DOJ Announces Plans to Use False Claims Act to Target Anti-Semitism and DEI Policies

Kilpatrick on

In the first five months of this administration, it is clear that one of the foremost concerns of President Trump’s agenda is its focus on Diversity, Equity, and Inclusion (“DEI”) initiatives. Issued in January 2025,...more

Lowenstein Sandler LLP

The Future of the False Claims Act

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Foley & Lardner LLP

DOJ Ramps Up Anti-DEI Enforcement

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On May 19, 2025, the Department of Justice (DOJ) announced its Civil Rights Fraud Initiative, outlining its plan to use the civil False Claims Act (FCA) to investigate and pursue claims against those who “certify compliance...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ announces Civil Rights Fraud Initiative

Feds continue to focus on contractors’ DEI programs. Deputy U.S. Attorney General Todd Blanche issued a Memorandum on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

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Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

FordHarrison

All-Female Spaceflight Highlights Ongoing Shifts in DEI Policies

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Last week, the most recent Blue Origin flight went to space. Unlike past voyages, all passengers were female, including a couple of celebrities. Like with anything these days, some hailed it as progress while others...more

Frantz Ward LLP

OFCCP Leak Prompts Federal Contractors to Review DEI Policies

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A leaked internal email from the newly-appointed Director of the Office of Federal Contract Compliance Programs (OFCCP) indicated that it may review information previously submitted by federal contractors during OFCCP audits...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Former DOL Officials Urge Federal Contractors to Continue Lawful Diversity Practices Despite Trump Administration’s Efforts to End...

On April 15, 2025, a group of former U.S. Department of Labor officials issued an “open letter” urging federal contractors to continue voluntary diversity practices, including conducting self-assessments, despite the Trump...more

Cozen O'Connor

Big Law’s DEI Practices Face Scrutiny by Republican AGs and the EEOC

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A group of 12 Republican AGs announced that they have sent a letter to multiple law firms (collectively, “law firms”) warning that the law firms’ diversity, equity, and inclusion (DEI) policies and practices may violate state...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

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Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

DCI Consulting

Former EEOC Officials Issue Open Letter Regarding DEI

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Former Equal Employment Opportunity Commission (EEOC) commissioners and legal representatives have authored an open letter addressed to the legal community in response to an EEOC document released on March 19, 2025, by Acting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Former EEOC Officials Defend DEI Programs in Response to Acting Chair’s Technical Assistance

On April 3, 2025, a group of former U.S. Equal Employment Opportunity Commission (EEOC) officials issued a statement defending specific employer diversity, equity, and inclusion (DEI) programs in response to technical...more

Vorys, Sater, Seymour and Pease LLP

EEOC and DOJ Increase Scrutiny on Employer Diversity, Equity, and Inclusion Programs and Practices

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) released two “technical assistance” documents clarifying the Trump Administration’s position on diversity, equity, and inclusion (DEI) in the...more

Weintraub Tobin

The DOJ and EEOC Move Forward with Enforcement of the President’s Executive Order 14173 (the “Anti-DEI Order”)

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Shortly after taking office, President Trump signed Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) commonly referred to as the “Anti-DEI Order” (hereinafter simply referred to as...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

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The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

Epstein Becker & Green

EEOC Joins Forces with DOJ to Double Down on Opposition to DEI

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Just days after the U.S. Court of Appeals for the Fourth Circuit stayed a preliminary injunction blocking executive orders that refer to the promotion of diversity, equity, and inclusion as “illegal DEI,” the U.S. Equal...more

Stinson LLP

Injunction Lifted Against Key Portions of President Trump’s Anti-Diversity, Equity and Inclusion Executive Orders

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On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit stayed the nationwide injunction a federal district court had issued in National Association of Diversity Officers in Higher Education...more

Arnall Golden Gregory LLP

EEOC and DOJ Issue New Guidance Addressing DEI in the Workplace

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) jointly released new guidance addressing the legal implications of diversity, equity, and inclusion...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

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