BLOG OVERVIEW: DOJ's $21.5 million Deloitte settlement, announced August 25, 2026, is the second False Claims Act resolution this year built on the theory that a federal contractor's equal opportunity certification can convert discrimination allegations into FCA liability. DOJ alleged that from 2017 to the present, Deloitte ran color-coded demographic scorecards, tied senior partner compensation to workforce composition targets, engineered promotion slates by race and sex, and restricted development programs, all while certifying compliance. The certification, not the discrimination claim, is the exposure: once shown inaccurate and material to payment, every invoice becomes a potentially false claim carrying treble damages.
On August 25, 2026, the Department of Justice (DOJ) announced that Deloitte LLP and four affiliated entities agreed to pay $21.5 million to resolve allegations that the firm violated the False Claims Act (FCA). Deloitte allegedly falsely certified compliance with the equal opportunity requirements in its federal contracts while simultaneously engaging in race- and sex-based employment decisions. The case, which was brought under DOJ's Civil Rights Fraud Initiative, is another reminder to federal contractors that treating the equal employment opportunity (EEO) certification (such as the one under FAR 52.222-90) as a mere paperwork exercise creates legal risk.
This is the second major FCA resolution built on this same theory this year. In April, DOJ...
RCMP Staff Sgt. Jerry Nutbrown brings you behind the scenes with a series of columns taking you behind police work and how it’s done in our community. If you have a question you think needs to be ...