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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
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
On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new unit, the Civil Rights Fraud Initiative, which will utilize the False Claims Act (FCA) to investigate and, as appropriate, pursue claims against any...more
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
On May 19, 2025, the U.S. Department of Justice (DOJ) announced a new Civil Rights Fraud Initiative that will leverage the federal False Claims Act (FCA) to investigate and litigate against universities, contractors, health...more
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
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
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
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
As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector,...more
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
Shortly after taking office, President Trump signed the executive order titled, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. As discussed previously, that order, among other things, directed the...more
Since the 1970s, federal civil rights statutes—and many state analogues—have imposed liability for ‘disparate impact’: when facially neutral policies disproportionately harm protected groups. Liability can attach even without...more
On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more
On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy,” directing federal agencies to effectively end the use of “disparate impact” liability in enforcing...more
On April 23, 2025, President Trump issued an Executive Order titled “Restoring Equality of Opportunity and Meritocracy” (the “Executive Order”). The stated policy purpose of the Executive Order is to “eliminate the use of...more
On April 23, 2025, President Donald J. Trump signed Executive Order 14281, Restoring Equality of Opportunity and Meritocracy (the “EO”), which aims to eliminate disparate impact as a theory of liability for unlawful...more
On April 22, 2025, the state of Minnesota filed a lawsuit against President Trump, asking the U.S. District Court for the District of Minnesota to declare two Executive Orders issued by President Trump unlawful and to enjoin...more
In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is...more
On April 23, 2025, President Trump issued an executive order (EO) titled Restoring Equality of Opportunity and Meritocracy. This EO seeks to eliminate the use of disparate-impact liability in various contexts, arguing that...more
On April 23, 2025, President Trump issued his executive order, Restoring Equality of Opportunity and Meritocracy (“EO”). The EO’s stated purpose is “to eliminate the use of disparate-impact liability in all contexts to the...more
An Executive Order signed by President Trump on April 23, titled “Restoring Equality of Opportunity and Meritocracy,” directs federal agencies to shift their enforcement of civil rights laws away from disparate impact...more
On April 23, 2025, President Trump signed an Executive Order (EO) titled, Restoring Equality of Opportunity and Meritocracy, which addresses disparate impact discrimination....more
On April 23, the White House published an executive order titled “Restoring Equality of Opportunity and Meritocracy,” addressing the principle of equal opportunity in the U.S., and emphasizing “meritocracy and a colorblind...more
Key Takeaways - Disparate impact liability holds employers accountable for policies that appear neutral, but disproportionately harm a protected group, even without discriminatory intent....more