News & Analysis as of

Diversity and Inclusion Standards (D&I) Whistleblowers Employment Discrimination

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

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

Foley & Lardner LLP

DOJ Ramps Up Anti-DEI Enforcement

Foley & Lardner LLP on

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

Kelley Drye & Warren LLP

The Department of Justice Slams Open the Door for False Claims Act Enforcement of DEI Initiatives

The Trump Administration has continued to target diversity, equity and inclusion (“DEI”) initiatives as an affront to civil rights legislation. In a previous post, we discussed President Trump’s Executive Order 14173 – titled...more

Arnall Golden Gregory LLP

DOJ Expands Use of the False Claims Act to Target DEI and DEIA Initiatives

On February 5, 2025, Attorney General Bondi issued a Memorandum, “Ending Illegal DEI and DEIA Discrimination and Preferences,” which was designed to implement President Trump’s Executive Order 14173, “Ending Illegal...more

Bass, Berry & Sims PLC

DOJ’s New Civil Rights Fraud Initiative – The Investigations are Coming!

Bass, Berry & Sims PLC on

On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative (the Civil Rights Fraud Initiative), which will use the federal False Claims Act (FCA) to pursue claims against recipients...more

Hogan Lovells

Deputy Attorney General launches Civil Rights Fraud Initiative to pursue FCA cases based on alleged discrimination

Hogan Lovells on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum (Blanche Memorandum) directing the Department of Justice’s Civil Division Fraud Section and Civil Rights Division to lead a Civil Rights Fraud...more

Morrison & Foerster LLP

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims...more

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

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

On May 19, 2025, the U.S. Department of Justice (DOJ) launched its Civil Rights Fraud Initiative. This is a coordinated enforcement effort aimed at using the False Claims Act (FCA) to investigate and, where appropriate,...more

Husch Blackwell LLP

EEOC Technical Assistance Documents on DEI Programs Increase Pressure on Employers

Husch Blackwell LLP on

On March 19, 2025, the U.S. Department of Justice (DOJ) Office of Public Affairs issued a press release announcing two technical assistance documents jointly released by the U.S. Equal Employment Opportunity Commission (EEOC)...more

Epstein Becker & Green

#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®

Epstein Becker & Green on

This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers: President Trump’s executive orders against diversity, equity, and inclusion...more

Blank Rome LLP

False Claims Act Liability Based on a DEI Program? Let’s Think It Through

Blank Rome LLP on

One of the more attention-grabbing aspects of Executive Order (“EO”) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” is the specter of False Claims Act (“FCA”) liability for federal contractors...more

Offit Kurman

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

Troutman Pepper Locke

The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

Troutman Pepper Locke on

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more

NAVEX

Rising Temperatures in the Workplace: How to Address the Increase in Workplace Civility Concerns

NAVEX on

In today’s increasingly polarized world, the workplace is not immune to the tensions arising from divergent political, social and cultural views. This is particularly evident in discussions surrounding diversity, equity and...more

Paul Hastings LLP

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

Paul Hastings LLP on

President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

Alston & Bird

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

Alston & Bird on

Our White Collar, Government & Internal Investigations and Labor & Employment Groups examine how the Department of Justice (DOJ) could use civil and criminal actions to enforce diversity, equity, and inclusion (DEI) Executive...more

Kelley Drye & Warren LLP

New DEI Executive Order Signals New Potential Enforcement of The False Claims Act

President Trump recently issued Executive Order 14173 titled ​“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“Order”). The Order broadly aims to eliminate diversity, equity, and inclusion (“DEI”)...more

Orrick, Herrington & Sutcliffe LLP

DEI Executive Order Implies Threat of FCA Litigation

On January 21, 2025, the Trump Administration issued Executive Order 14173 focused on diversity, equity and inclusion (“DEI”) programs and their use in the public and private sectors. This Executive Order links compliance...more

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

What Federal Contractors and Grant Recipients Need to Know About EO 14173’s Certification and Nondiscrimination...

Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” creates new obligations that could carry significant risks for any organization doing business with the United States federal...more

Hogan Lovells

Executive Order seeks to impose FCA liability for contractor and grantee DEI programs

Hogan Lovells on

On January 21, 2025, President Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173). In commentary published since then, Hogan Lovells has analyzed various...more

Davis Wright Tremaine LLP

New Administration Outlook: What Should Federal Contractors Do With Their DEI Programs?

Recipients of federal funding now have broad mandates but little guidance from the Trump Administration about employer DEI programs. Trump's new Executive Order "Ending Illegal Discrimination and Restoring Merit-Based...more

Mintz - Employment Viewpoints

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their...more

Perkins Coie

Trump DEI Executive Order Signals Risks of False Claims Act Liability for Government Contractors and Grantees

Perkins Coie on

Among the many issues raised by President Trump’s Executive Order (EO) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) targeting diversity, equity, and inclusion (DEI) programs is the prospect...more

Morrison & Foerster LLP - Government...

President Trump’s DEI Certification for Federal Contractors Creates Significant FCA Risk

On January 21, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), rescinding affirmative action under Executive Order 11246 and other...more

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