News & Analysis as of

False Claims Act (FCA) Employment Discrimination Civil Rights Act

Fox Rothschild LLP

What Federal Contractors and Grant Recipients Should Know About DOJ’s Unlawful Discrimination Guidance

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On July 29, 2025, US Attorney General Bondi issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memo). The Memo follows multiple executive...more

Morrison & Foerster LLP

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

Foley & Lardner LLP

DOJ Issues Additional Guidance Concerning Unlawful Discrimination to Recipients of Federal Funding

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On July 29, 2025, the Department of Justice (“DOJ”) issued guidance outlining what it considers “unlawful discrimination” by recipients of federal funds. In the guidance, Attorney General Bondi clarifies the application of...more

K&L Gates LLP

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement

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Attorney General Pam Bondi issued a memorandum on 29 July 2025 titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (Memorandum) that provides new, detailed guidance on a key question that had...more

Mayer Brown

DOJ Defines “Illegal DEI,” Warns Recipients of Federal Funds to Take Notice

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On July 29, 2025, U.S. Attorney General Pam Bondi issued Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination (the “Guidance”). Following the creation of the Civil Rights Fraud Initiative by the...more

Goodwin

DOJ Releases Memo Regarding Unlawful Discrimination by Federal Funding Recipients

Goodwin on

On July 29, 2025, the Department of Justice (“DOJ”) issued further guidance regarding the application of federal antidiscrimination laws to programs and initiatives undertaken by recipients of federal funding, in the form of...more

Harris Beach Murtha PLLC

The Trump Administration Signals Its False Claims Act Enforcement Priorities

As the second Trump Administration concludes its sixth month, the U.S. Department of Justice has identified its top False Claims Act (FCA) enforcement priorities...more

Arnall Golden Gregory LLP

DOJ Issues Civil Enforcement Priorities in Line With President’s Executive Orders

The Department of Justice (“DOJ”) continues to expand the Civil Division’s role in enforcing and implementing policies that have been announced through the President’s Executive Orders....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

Epstein Becker & Green

DOJ Announces Initiative to Expand FCA Enforcement Into Alleged Discrimination 

Epstein Becker & Green on

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

Bass, Berry & Sims PLC

DOJ’s New Civil Rights Fraud Initiative – The Investigations are Coming!

Bass, Berry & Sims PLC on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Civil Rights Fraud Initiative Signals Expansive Enforcement Threat for Employers Receiving Federal Funds

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

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

Berkshire

Trump Administration Allowed to Proceed with Enforcement of Anti-DEI Orders

Berkshire on

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit lifted the nationwide injunction preventing enforcement of Executive Order 14173, which targeted diversity, equity, and inclusion (DEI) efforts. While EO...more

Troutman Pepper Locke

The False Claims Act May Be the Next Weapon in the Trump Administration’s War on DEI

Troutman Pepper Locke on

One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more

Dinsmore & Shohl LLP

Court Blocks Enforcement of Anti-DEI Executive Orders

Dinsmore & Shohl LLP on

What, exactly, is “illegal” Diversity, Equity and Inclusion (“DEI”)? As we previously reported, two recent Executive Orders (“EO”) prohibit “illegal” DEI practices that violate longstanding civil rights laws, but fail to...more

Lathrop GPM

Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

Lathrop GPM on

One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)...more

Schwabe, Williamson & Wyatt PC

Recent DEI Executive Orders Temporarily Blocked by Federal Judge

On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

Wiley Rein LLP

Key Parts of Anti-DEI Executive Orders Blocked by Federal Judge

Wiley Rein LLP on

On Friday, February 21, 2025, the U.S. District Court for the District of Maryland issued a nationwide preliminary injunction that enjoins aspects of two Executive Orders (EOs), EO 14151, “Ending Radical and Wasteful...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Hogan Lovells

Attorney General instructs DOJ to investigate, eliminate, and penalize illegal DEI programs

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Upon her swearing in on February 5, 2025, Attorney General Pam Bondi issued a series of memoranda to all Department of Justice employees, including a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Mayer Brown

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

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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

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