The Department of Justice has officially launched a sweeping new enforcement strategy to dismantle diversity, equity, and inclusion (DEI) programs at institutions that receive federal funding. Dubbed the “Civil Rights Fraud Initiative,” the program intends to repurpose the False Claims Act—a powerful Civil War-era statute typically used to combat procurement and healthcare fraud—to target organizations that “knowingly violate” federal civil rights laws while certifying compliance to receive government money.
As reported by the Wall Street Journal, the initiative represents a significant escalation in the administration’s effort to roll out a broader “merit-based” agenda. The strategy is built upon the premise that many existing DEI policies, which the administration characterizes as “racist preferences” or “discriminatory mandates,” are fundamentally at odds with federal anti-discrimination laws. By signing contracts or grant agreements that certify compliance with these laws, institutions may now be found liable for fraud if their internal DEI practices are deemed unlawful.
The initiative is being co-led by the Civil Division’s Fraud Section and the Civil Rights Division. According to a memorandum issued by Deputy Attorney General Todd Blanche, the DOJ will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates civil rights laws.” The Wall Street Journal noted that this approach...
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