Polds4OSU
Marshall
Donald Trump is creating a ‘civil rights’ initiative to target DEI programs in the private sector
The Trump administration took aim earlier this year at diversity, equity and inclusion programs in the private sector. And last week, it took another step towards creating a way to crack down on federal contractors with DEI programs.On May 19, the Department of Justice (DOJ) announced the establishment of the Civil Rights Fraud Initiative, which will use the False Claims Act to “investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” The initiative will be co-led by the DOJ’s Civil Division’s Fraud Section and the Civil Rights Division, and each group will be tasked with identifying a team of attorneys to “aggressively pursue this work.”
“America has watched a tidal wave of anti-Semitism sweep our universities and seen public institutions codify inherently divisive policies like DEI at an unprecedented rate,” Deputy Attorney General Todd Blanche wrote in a statement. “The days of using federal funds to further discrimination are over.”
Traditionally, the False Claims Act is used to combat fraud, such as the misuse of federal funds in billing, procurement, or administration, according to Kate Driscoll, a lawyer and partner at Morrison Foerster’s investigations and white collar defense practice group, who previously served as Assistant U.S. Attorney in the office for the Eastern District of Pennsylvania. For example, if a manufacturing company said they would provide a certain number of products to the government and underdelivers, or a health care provider bills Medicare for services it never provided. Using the law as a way to target companies over their DEI programs, according to Driscoll, is unprecedented.