DEI Enforcement: False Claims Act and Other Risks on the Horizon

A series of directives issued by the Trump Administration – including an Executive Order and a memorandum from Attorney General Pam Bondi – have changed the legal landscape regarding initiatives in the private sector that touch on issues of diversity, equity, and inclusion (DEI). These pronouncements direct federal law enforcement to identify targets for investigation and potential civil or criminal prosecution and, furthermore, explicitly invoke False Claims Act (FCA) liability related to DEI activities and programs. The threat of FCA enforcement, particularly given its potential for heavy penalties and treble damages, presents new risks for federal contractors and recipients of federal funds. 

Our cross-disciplinary group of lawyers discuss these developments and their implications for government contractors, federal award recipients, and various other types of public and private companies.

This program has been submitted for HRCI and SHRM credit.