News & Analysis as of

Diversity and Inclusion Standards (D&I) Executive Orders

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

DCI Consulting

Department of Justice Launches Civil Rights Fraud Initiative

DCI Consulting on

Federal contractors who have been waiting to find out how Executive Order (EO) 14173 would be implemented now know at least one piece of the federal government’s enforcement plan....more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

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On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Williams Mullen

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

Williams Mullen on

On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

Cooley LLP

NIH Announces New Antidiscrimination Certification Heightening FCA Risk for Some Life Sciences Companies

Cooley LLP on

On April 21, 2025, the National Institutes of Health (NIH) announced a new civil rights term and condition of award for NIH grants, cooperative agreements and other transaction awards. The new term states that recipients of...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

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U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Wiley Rein LLP

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

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The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more

Furia Rubel Communications, Inc.

Amend (Don’t End) DEI: What SHRM’s BEAM Framework Means for Law Firms - On Record PR

Elizabeth Catterall Ogilvie joins Jennifer Simpson Carr to unpack SHRM’s newly introduced BEAM Framework—Belonging Enhanced by Access through Merit—and what it means for law firms navigating today’s diversity, equity, and...more

Proskauer - Health Care Law Brief

DOJ’s Civil Rights Fraud Initiative: Key Considerations for Health Care Providers

The Department of Justice’s (“DOJ”) May 19, 2025 “Civil Rights Fraud Initiative” memorandum, issued by Deputy Attorney General Todd Blanche (the “Initiative”), marks a consequential policy shift for False Claims Act (“FCA”)...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

Carlton Fields

“Restoring Gold Standard Science” Executive Order Steps Away From Biden Administration’s “Equitable” Approach

Carlton Fields on

Both President Trump’s and President Biden’s administrations have emphasized in executive orders and presidential memoranda the need for objective, science-based decision-making. However, Trump’s May 23, 2025, Executive Order...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Blank Rome LLP

Department of Justice Announces New Initiative to Combat Civil Rights Fraud Using the False Claims Act

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From time to time, the Department of Justice (“DOJ”) has established initiatives, task forces, or strike teams to advance its enforcement priorities. In recent years, DOJ has announced a Procurement Collusion Strike Force, a...more

Polsinelli

DOJ Announces Intent to Use False Claims Act To Target Diversity and DEI Initiatives

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At a Glance The Department of Justice (DOJ) will use the False Claims Act (FCA) to investigate and pursue claims against entities that violate federal civil rights laws, including anti-discrimination and equal employment...more

A&O Shearman

DOJ Announces Civil Rights Fraud Initiative Targeting Federal Fund Recipients’ Use Of DEI

A&O Shearman on

On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Latham & Watkins LLP

Key Insights on DOJ's Civil Rights Fraud Initiative

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In a memorandum dated May 19, 2025, Deputy Attorney General Todd Blanche announced the establishment of a new Civil Rights Fraud Initiative (the Initiative) at the Department of Justice (DOJ)....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

Husch Blackwell LLP

DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

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According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...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

Cozen O'Connor

The State AG Report – 05.22.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • FTC Preemptively Throws Flag on StubHub Ahead of Football...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ Initiative Expands FCA Use to Enforce Civil Rights Compliance and Target DEI Initiatives

The U.S. Department of Justice is recasting the False Claims Act as a civil rights enforcement tool—putting federal fund recipients on notice that false compliance certifications may now trigger FCA liability....more

Saul Ewing LLP

DOJ Announces New Initiative to Use False Claims Act to Enforce Administration’s Civil Rights Agenda, Targeting Recipients of...

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On May 19, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum and accompanying press release announcing its “Civil Rights Fraud Initiative,” designed to vigorously enforce the federal False Claims Act (“FCA”)...more

Venable LLP

DOJ Launches Civil Rights Fraud Initiative, Tying Anti-Semitism and DEI Policies to False Claims Act Liability

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On May 19, 2025, the U.S. Department of Justice (DOJ) announced that it had formed a “Civil Rights Fraud Initiative,” co-led by DOJ’s Civil Fraud Section and Civil Rights Division....more

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