Tag: DOJ

DOJ’s Civil Division Initiates False Claims Act Investigations of DEI Practices

The U.S. Department of Justice (DOJ), Civil Division is sending civil investigative demands (CIDs) to federal contractors seeking information on their diversity, equity, and inclusion (DEI) practices under its authority to investigate False Claims Act (FCA) claims. Flowing from President Trump’s Executive Order 14173, which seeks to limit DEI efforts, the DOJ recently launched the […]

discrimination

Department of Justice Issues New Antidiscrimination Guidance

On July 29, 2025, the U.S. Department of Justice (DOJ) issued a memorandum for all federal agencies titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” This memo directly applies to entities which receive federal funding, such as universities receiving federal grants or federally funded state agencies. In addition, the memo advises that entities […]

Despite Title, New DOJ Anti-DEI Guidance Not Just for Federal Funds Recipients

It’s no secret that 2025 has seen a dramatic shift in the federal government’s view of the value and legal validity of diversity, equity, and inclusion (DEI) programs and initiatives. The latest guidance from the Department of Justice (DOJ) is directed at recipients of federal funding, but all businesses can use it to learn about […]

New DOJ Guidance on DEI Programs: Find Out If Your Business is At Risk

Recent guidance from the U.S. Department of Justice (DOJ) on the use of diversity, equity, and inclusion (DEI) initiatives in both employment and other public programs signals a shift in how employers should navigate the choppy waters of federal and state antidiscrimination laws. Shifting Ground on DEI In recent months, businesses have seen several measures—by […]

States That Have Issued Workplace DEIA Guidance

On February 13, 2025, state attorneys general (AG) from 15 states issued written guidance entitled “Multi-State Guidance Concerning Diversity, Equity, Inclusion, and Accessibility Employment Initiatives.” The guidance opens as follows: “The Attorneys General of Massachusetts, Illinois, Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, and Vermont are […]

Striking a Balance: Insights From EEOC, DOJ Guidance on DEI and Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) issued guidance clarifying how diversity, equity, and inclusion (DEI) initiatives intersect with Title VII of the Civil Rights Act of 1964. The guidance provides critical direction for employers seeking to implement inclusive workplace policies while ensuring compliance with […]

rape

DOJ Updates Its Corporate Compliance Programs Guidance

On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three primary areas of on-going interest for the DOJ: (1) how companies are identifying and mitigating emerging risks related to new technologies, including artificial […]

DOJ Announces New Program to Garner Employee Cooperation in Anti-Corruption Investigations

Over the past few months, we have discussed recent Foreign Corrupt Practices Act (FCPA) enforcement actions by the United States Department of Justice (DOJ), emphasizing lessons for employers in the current environment. The DOJ continues to signal increasingly aggressive enforcement, now through a whistleblower program that will complement last year’s focus on corporate voluntary disclosure […]

DOJ’s New Enforcement Team May Intensify Push to Recover Cyberattack Payments

The U.S. Department of Justice (DOJ) recently announced the launch of a National Cryptocurrency Enforcement Team (NCET) to (1) add structure to and coordinate the agency’s investigative capabilities concerning unlawful uses of cryptocurrency, (2) increase prosecutions, and (3) recover illicit proceeds. The last piece is especially striking because it may provide a positive incentive for […]

DOJ Won’t Defend the ACA Individual Mandate and Related Provisions

The Trump administration has decided not to defend the Affordable Care Act’s (ACA) individual mandate, or certain provisions it considers to be inseparable from the mandate, from an ongoing constitutional challenge. The U.S. Department of Justice (DOJ) has asked the court hearing the case to declare these provisions invalid as of January 1, 2019.