DEI Enforcement: New Signals to Expect "Aggressive" Investigations and Litigation under the False Claims Act

The Trump Administration continues efforts to tamp down on programs related to diversity, equity, and inclusion (DEI). The US Department of Justice (DOJ) recently announced a new task force–the Civil Rights Fraud Initiative–designed to “aggressively” investigate and pursue any federal fund recipients that knowingly violate federal civil rights laws, and is encouraging the filing of qui tam actions under the False Claims Act (FCA). The federal government has also released additional guidance on what, in its view, constitutes “illegal DEI.” The new pronouncements signal continued risks and threat of enforcement in this area for private sector companies. We discussed the recent developments in this area, updates for federal contractors and fund recipients regarding certification requirements, and related risks and practices that companies can take to prepare for potential scrutiny.

This webinar was a continuation of our series on DEI Enforcement, as a cross-disciplinary group of K&L Gates lawyers discussed these developments and their implications for public and private companies, including government contractors and federal award recipients.