On May 19, 2025, Deputy U.S. Attorney General Todd Blanche announced that the U.S. Department of Justice will use the False Claims Act (FCA) to enforce the administration’s policies concerning diversity, equity and inclusion (DEI) practices and antisemitism. The FCA is a powerful tool, and its invocation by the DOJ is a signal to federal-funding recipients that they will face increased scrutiny, and likely more aggressive enforcement actions, if they continue to engage in DEI practices that are or may be deemed unlawful by the administration. Read the full Alert on the Duane Morris website.
Federal Judge Issues Preliminary Injunction Blocking Specific Provisions of Executive Order on DEI
In Nat’l Assoc. of Diversity Officers in Higher Ed. v. Trump, D. Md, the United States District Court for the District of Maryland issued a preliminary injunction that blocks, at least for now, some of the more salient provisions of President Donald Trump’s executive order on diversity, equity and inclusion (DEI) that affects federal contractors and other private sector employers. […]
Section 3(b)(iv) requires the head of each government agency to include in every contract or grant a term requiring the contractor or grantee to certify its compliance with federal anti-discrimination laws (i.e., no illegal DEI). Moreover, such certification is a material term to the government’s payment under the contract or grant for purposes of claims under the False Claim Act where penalties for violations include, but are not limited to, treble damages.