As we have previously examined, one of the earliest actions of the Trump Administration was the issuance of an Executive Order aimed at eliminating diversity, equity, and inclusion (“DEI”) initiatives. A key mechanism in this effort was the use of the False Claims Act (“FCA”), which was repurposed as a tool to enforce federal anti-discrimination laws through government contracting. Although the Executive Order faces significant legal challenges—and its status remains uncertain—the Department of Justice (“DOJ”) has increasingly aligned its enforcement priorities with the Administration’s stance.
This evolving enforcement strategy should be closely monitored by any organization receiving federal funds, whether directly or indirectly. This includes universities, healthcare providers, and other federal contractors and grant recipients. The legal landscape around DEI programs is shifting rapidly, and the risk of exposure tied to federal compliance certifications is increasing accordingly.
The DOJ’s latest move is laid out in a memorandum from Deputy Attorney...
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