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Affirmative Action False Claims Act (FCA) Employment Discrimination

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

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There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

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On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

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

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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

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

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Sheppard Mullin Richter & Hampton LLP

The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in...more

Foley & Lardner LLP

DEI Injunction Terminated by Federal Court of Appeals Reinstating DEI Certification Requirement and Civil False Claims Act Risk

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As previously reported, one of the first executive orders (EO 14173) issued by President Trump was to rescind Executive Order 11246, issued by President Lyndon B. Johnson, which required federal contractors and subcontractors...more

Lathrop GPM

Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

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Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and...more

Morrison & Foerster LLP

DEI Risk Audits: Mitigate Risks and Protect Values

With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more

Shutts & Bowen LLP

Federal Judge Enjoins Significant Portions of DEI Executive Orders

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In a 63-page order, Judge Adam B. Abelson, a U.S. District Judge for the District of Maryland, issued a nation-wide preliminary injunction that struck down as unconstitutional significant portions of Executive Order 114173...more

Jackson Lewis P.C.

Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

Jackson Lewis P.C. on

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more

Foley & Lardner LLP

Court Enjoins Portions of Trump Administration’s DEI Executive Orders

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In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and...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

Littler

GSA Announces FAR Deviations Consistent with the Revocation of Executive Order 11246

Littler on

On February 15, 2025, the director of the U.S. General Services Administration (GSA), in his capacity as chair of the Civilian Agency Acquisition Council (CAAC), issued a CAAC Letter authorizing executive agencies to deviate...more

Alston & Bird

DEI Executive Order’s Impact on Government Contractors and Fund Recipients

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Our Government Contracts Group highlights what government contractors and grant recipients need to know about President Trump’s Executive Order revoking diversity, equity, and inclusion (DEI) programs and initiatives (EO...more

Mayer Brown

AG Bondi Issues Memorandum Entitled “Ending Illegal DEI and DEIA Discrimination and Preferences”

Mayer Brown on

On February 5, 2025, United States Attorney General Pam Bondi issued a memorandum titled “Ending Illegal DEI and DEIA Discrimination and Preferences.” The memorandum advises that the Department of Justice’s (DOJ) Civil Rights...more

McNees Wallace & Nurick LLC

What U.S. Employers Need to Know about Upcoming DEI Executive Orders

On the first day of President Trump’s second administration, he signed the Ending Racial and Wasteful Government DEI Programs and Preferencing Executive Order. This order provides direction to eliminate any and all Diversity,...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

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As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Fox Rothschild LLP

DOJ Targets Private-Sector DEI Programs: What Employers Need to Know

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The U.S. Department of Justice (DOJ) has set its sights on diversity, equity, and inclusion (DEI) programs, signaling heightened enforcement risks for employers. In a memorandum, Attorney General Pam Bondi directed the DOJ to...more

Holland & Knight LLP

DEI on the Ropes? The Future of DEI in the Trump Administration

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Within his first two days of taking office, President Donald Trump fulfilled his promise to target diversity, equity and inclusion (DEI) programs with a series of executive orders (EO) aimed at curbing what he described as...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

Hinckley Allen

Trump Administration Targets DEI in Federal Contracting and Beyond

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On January 21, 2025, President Trump advanced his pledge to “take action to abolish all discriminatory diversity, equity, and inclusion” (DEI) programs “throughout the government and the private sector” by issuing the...more

Shutts & Bowen LLP

Trump Executive Order Rescinds EO 11246 Regarding Affirmative Action for Contractors on Federal Projects

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On January 21, 2025, President Trump issued an Executive Order (“EO”) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO revokes longstanding Executive Order 11246 (Equal Employment...more

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