The Trump administration has demonstrated a commitment to enforcing federal anti-discrimination laws through novel and varied mechanisms not historically associated with enforcement of such laws, upending 60-plus years of federal anti-discrimination law enforcement. The administration has emphasized its intent to root out “illegal DEI” practices by using the more muscular remedies available under the False Claims Act and various other criminal statutes. This is a watershed change in both what is considered “discrimination” under existing federal law, as well as the methods and means the federal government will use to enforce existing federal anti-discrimination laws.
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