Overview
In January 2025, President Donald Trump issued several executive orders (EOs) targeting “illegal” diversity, equity, and inclusion (DEI) programs. A critical element of the administration’s effort to eliminate DEI programs is the creation of potential False Claims Act (FCA) risks for Federal contractors and grantees. The new FCA landscape requires contractors and grantees to understand the current state of the law on DEI, how different agencies are implementing the DEI EOs, and how the FCA could be used to enforce the administration’s policies.
Members of our Employment, Global White-Collar and Government Investigations, and Government Contracts Groups provided a comprehensive overview of the FCA and the latest DEI EOs, highlighting their implications for your organization. The speakers shared insights, practical advice, and real-world examples to help you navigate these changes effectively.
Discussion topics included:
- The current state of the law regarding DEI programs
- The spectrum of how different agencies are interpretating the DEI EOs, including affirmative certification requirements and suggested response strategies
- Potential applications of the FCA to enforce the DEI EOs
McDermott’s Enforcement Outlook webinar series is designed to keep you up to date on the enforcement trends that might impact your organization’s compliance strategy. For more materials related to past episodes, visit our Enforcement Outlook Series hub.
