News & Analysis as of

Executive Orders False Claims Act (FCA) Title VII

Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

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On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Vinson & Elkins LLP

DOJ Provides Insight Into Unlawful Discriminatory Practices, Highlighting Enforcement Risks for Federal Funding Recipients

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On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil...more

Paul Hastings LLP

Illinois District Court Blocks Portions of Anti-DEI Executive Order

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There are several concurrent challenges to President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” executive order (Anti-DEI EO). Previously, the U.S. District Court for the District of...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

Paul Hastings LLP

Fourth Circuit Court of Appeals Stays Preliminary Injunction of Anti-DEI Executive Order

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On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more

Morgan Lewis

Federal Judge Temporarily Halts Enforcement of Executive Orders Related to DEI

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A federal district court in Maryland issued a preliminary nationwide injunction on February 21 that temporarily halts enforcement of elements of Executive Orders 14151 and 14173. Most notably for federal contractors and...more

Amundsen Davis LLC

“Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

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The past few weeks have seen a series of judicial ”Red Light, Green Light” games. On February 21, 2025, a U.S. District Court judge in National Association of Diversity Officers in Higher Education, et al. v. Donald J....more

Paul Hastings LLP

Maryland District Court Enjoins Portions of Anti-DEI Executive Order: What Does This Mean?

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On February 21, 2025, the U.S. District Court for the District of Maryland preliminarily enjoined certain aspects of Executive Order No. 14173, President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based...more

Jackson Lewis P.C.

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

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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

Seyfarth Shaw LLP

Federal Court Issues Nationwide Preliminary Injunction Blocking Enforcement of Key Provisions of DEI Executive Orders

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On Friday, February 21, 2025, a federal district court in Maryland issued a preliminary injunction blocking enforcement of several key provisions of the January 2025 executive orders targeting DEI programs. The nationwide...more

Alston & Bird

How DOJ Could Pursue Civil and Criminal Enforcement Actions Against Private-Sector DEI/DEIA Programs

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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

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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

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

BakerHostetler

President Trump’s Executive Order Removes Federal Contractor Affirmative Action Requirements

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On Jan. 21, President Donald Trump took aim at a long-standing executive order regarding diversity, equity and inclusion (DEI) in the American workplace....more

Holland & Hart LLP

What Employers Need to Know About the New Executive Order Revoking EO 11246 and Targeting DEI Efforts

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On January 22, 2025, President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoking Executive Order 11246 and implementing sweeping changes for federal...more

Husch Blackwell LLP

White House Revokes E.O. 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws

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Executive Order (E.O.) 11246 was issued by President Lyndon Johnson in 1965 to combat discrimination in employment (following the then-recent passage of the Civil Rights Act of 1964) by requiring federal contractors and...more

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