The U.S. Department of Justice (“DOJ”) recently announced the creation of the Civil Rights Fraud Initiative (the “Initiative”). The Initiative will use the False Claims Act (“FCA”) to investigate and pursue claims against any recipient of federal funds that “knowingly violates federal civil rights laws,” with a particular emphasis on bringing claims against entities engaging in diversity, equity, and inclusion (“DEI”) practices that may violate federal anti-discrimination laws. This stems from an early Trump Administration Executive Order, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order”), which first linked violations of federal anti-discrimination laws with potential enforcement under the FCA.
Read MoreWe have continued to track the rapidly evolving circumstances surrounding the Trump Administration’s Executive Orders targeting diversity, equity, and inclusion (“DEI”) programs. Recent developments include a reported retroactive review of affirmative action plan submissions by federal contractors, and the issuance of a nationwide temporary restraining order that blocks the U.S. Department of Labor from enforcing a certification requirement against grant recipients and federal contractors.
Read MoreYesterday, the Equal Employment Opportunity Commission released two guidance documents focusing on Diversity, Equity, and Inclusion (“DEI”). The first, entitled “What You Should Know About DEI-Related Discrimination at Work” largely applies general standards from Title VII and related case law to DEI programs in a broad sense, with some specific DEI-related practices highlighted. The second guidance document, “What To Do If You Experience Discrimination Related to DEI at Work” was released in conjunction with the Department of Justice and provides similar information, but in a more compact form. These guidance documents are consistent with the Executive Orders issued by the Trump Administration earlier this year regarding “illegal DEI” and confirm that examining DEI programs of private sector employers remains a priority of the administration.
Read MoreAs we previously reported, last month the Trump administration issued a series of Executive Orders (“EOs”) aimed at challenging Diversity, Equity, and Inclusion (“DEI”) initiatives within the federal government and, to some extent, the private sector. These EOs focus on “illegal DEI” programs and initiatives that the EOs say fail to prioritize merit, skill, and individual performance. As summarized more fulsomely in the prior client alert, key directives in the EOs include revoking prior EOs related to DEI and affirmative action, directing government agencies to scrutinize and end so-called illegal DEI programs and preferences, and emphasizing a binary definition of sex. The EOs have sparked legal challenges, guidance and enforcement actions from state Attorneys General, as well as confusion among employers regarding their compliance obligations.
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