News & Analysis as of

Diversity and Inclusion Standards (D&I) Whistleblowers False Claims Act (FCA)

Epstein Becker & Green

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

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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

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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

Troutman Pepper Locke

Wisconsin v. Bell and What’s Next for FCA Enforcement

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2025 is already shaping up to be an active year for False Claims Act (FCA) litigation. With the recent announcements of executive orders that may expand the FCA as an enforcement tool, as discussed in a recent Troutman Pepper...more

Troutman Pepper Locke

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

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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

Paul Hastings LLP

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

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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

Arnall Golden Gregory LLP

Federal Government Contractors May No Longer Have 90 Days to Comply With Trump Administration’s DEI Executive Order

GSA FAR Class Deviations - Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, caused immediate confusion for federal government contractors since their...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

Maynard Nexsen

Ensuring Adequate Compliance Mechanisms in the Wake of President Trump’s DEI-Related Initiatives

Maynard Nexsen on

On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney...more

Hogan Lovells

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

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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

Venable LLP

The False Claims Act: Cases to Watch in 2025

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Important False Claims Act cases are slated to be decided in 2025, impacting clients across industries that contract with the government—from healthcare to defense. Additionally, the second Trump Administration released an...more

Miller Nash LLP

Federal Contractors Must Address New Executive Order on DEI to Avoid Liability

Miller Nash LLP on

The January 21, 2025 Executive Order (EO), titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” was released and carries significant implications for federal contractors. Some of the implications for...more

DLA Piper

President Trump’s Executive Orders suggest new targets for False Claims Act enforcement

DLA Piper on

On February 21, 2025, the federal district court in Maryland issued a preliminary injunction in a case brought by the National Association of Diversity Officers in Higher Education, among others. The case challenges the...more

Foley Hoag LLP

Understanding the False Claims Act Implications of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

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I. Scope of Executive Order 14173 - Executive Order 14173, issued on January 21, 2025, aims to end illegal discrimination and restore merit-based opportunities by ceasing diversity, equity, and inclusion (DEI) policies,...more

Baker Donelson

Navigating the Trump Administration's Executive Orders: Key Implications for Employers and Federal Contractors

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The unprecedented pace at which the Trump administration is issuing Executive Orders (EO) that have far-reaching impacts on longstanding employment laws and practices has left employers scrambling to determine which area...more

Sheppard Mullin Richter & Hampton LLP

The Squeeze is the Juice – Utilization of The False Claims Act in the DEI/Government Contracting Executive Order 

On January 21, 2025, President Trump signed an Executive Order (“EO”) purporting to “End[ ] Illegal Discrimination and Restoring Merit-Based Opportunity.” This wide ranging EO contains several provisions directly affecting...more

Seyfarth Shaw LLP

Management Alert: Trump Executive Order Eliminates Federal Contractor Affirmative Action Requirements and Creates New DEI...

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On January 21, 2025, President Trump issued an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” ...more

Dorsey & Whitney LLP

Goodbye Affirmative Action Plan? President Trump Revokes Long-Standing Federal Contractor and Grantee Practices and Targets...

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On January 21, the President issued an Executive Order with significant impact for Federal contractors and grantees. The EO upsets settled rules related to affirmative action plans and Department of Labor enforcement...more

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