Justice Department Using False Claims Act to Fight Unlawful DEI Practices

Under the Trump administration, there has been an intense focus on Diversity Equity and Inclusion (DEI) programs that might constitute the type of discrimination that they are supposed to be fighting. As part of this initiative, colleges and other institutions around the country are being asked to certify that they are not engaging in unlawful DEI practices.

Now, the Department of Justice (DOJ) has introduced a powerful new tool to support the administration’s efforts. The Civil Rights Fraud Initiative aims to enforce federal law by leveraging the False Claims Act (FCA). By utilizing the FCA, which is primarily known for dealing with fraud against government programs, the DOJ can now pursue civil rights violations with increased vigor and provide awards to whistleblowers. 

Schools and other organizations that receive funds from the federal government must certify that they are complying with civil rights laws. Evidence that institutions have not done so might lead to penalties stemming from the false certification. Specific examples of misconduct include the following;

  • Failure to stop incidents of anti-Semitism or other behavior that puts Jewish people at risk

  • Allowing men to use women’s bathrooms

  • Permitting men to participate in women’s sports

Disagreements over the treatment of transgender individuals could lead to a finding that a civil rights violation has occurred. 

In addition to educational institutions, the Civil Rights Fraud Initiative could have a profound effect on housing, healthcare, employment and any other industry where federal funding is used. Under the FCA, people who notify the government about fraudulent activity might be eligible to serve as relators in qui tam lawsuits. This means that someone who sees a school failing to observe Title IX rules or a landlord breaching the Fair Housing Act might be able to file a lawsuit on the government’s behalf and obtain a share of any penalty collected by the government. 

Though qui tam litigation has traditionally been used to identify examples of financial fraud, this new initiative now gives Americans a chance to blow the whistle on infringements of fundamental rights. Kardell Law Group has a long track record of successfully representing clients in a wide range of qui tam claims. Reach out to us if you believe you’ve found a situation where an entity receiving financial support from the federal government is not complying with civil rights provisions.