On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded.
Specifically, the government alleged that IBM unlawfully considered race, color, national origin, and sex in a range of employment decisions during the period of January 1, 2019, through present day, but nonetheless certified compliance with anti-discrimination requirements set forth in Title VII of the Civil Rights Act of 1964 and Federal Acquisition Regulation (FAR) 52.222-26. IBM’s allegedly unlawful practices included:
- Modifications or adjustments to pay, bonus, or other compensation that caused employees to take race, color, national origin, or sex into account, such as a “diversity modifier” that tied bonus...
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