With the Department of Justice’s Civil Rights Fraud Initiative now in effect, federal contractors and fund recipients face heightened scrutiny regarding compliance with civil rights laws. In fact, recent developments will require that such organizations certify they are in compliance with federal anti-discrimination laws as set forth in Executive Order 14173 entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity. These certifications and the ensuing risk of False Claims Act litigation, which can be asserted by the federal government as well as employee-whistleblowers and third parties, will be explored and discussed.  We will provide a review of the False Claims Act, and how the DOJ’s directive seeks to associate the FCA with “illegal DEI” practices.  Additionally, we will focus on key strategies for mitigating risk while maintaining well-intended talent acquisition and equal employment/merit-based opportunity practices.

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