Blowing the Whistle: What Employers Should Know About DEI & the False Claims Act

Constangy, Brooks, Smith & Prophete, LLP
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The U.S. Department of Justice announced its new Civil Rights Fraud Initiative with the goal to identify entities defrauding the government by knowingly violating civil rights laws. The DOJ is specifically targeting employers that implement “racist preferences, mandates, policies, programs, and activities, including through diversity, equity, and inclusion (DEI) programs that assign benefits to burdens on race, ethnicity, or national origin.”

The DOJ’s directive warns organizations doing business with See more +

The U.S. Department of Justice announced its new Civil Rights Fraud Initiative with the goal to identify entities defrauding the government by knowingly violating civil rights laws. The DOJ is specifically targeting employers that implement “racist preferences, mandates, policies, programs, and activities, including through diversity, equity, and inclusion (DEI) programs that assign benefits to burdens on race, ethnicity, or national origin.”

The DOJ’s directive warns organizations doing business with the federal government that it intends to vigorously prosecute violators through use of the False Claims Act. The FCA prohibits the submission of false claims to the government and can result in significant liability. In addition, the FCA allows private citizens to pursue claims on the government’s behalf and retain a portion of the recovery.

The DOJ is strongly encouraging whistleblowers to report potential violations by their employers to the government and to file individual lawsuits.

Join Constangy partners Laura Balson and Cara Crotty for a session that explores how DEI-related employment practices can trigger scrutiny and liability under the FCA. See less -

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