What Does the DOJ Guidance on Unlawful DEI Signal About False Claims Act Enforcement?

Orrick Herrington – On July 30, 2025, the Department of Justice (“DOJ”) issued guidance to recipients of federal funds that reiterates the Trump Administration’s view that federal antidiscrimination laws apply to Diversity, Equity, and Inclusion (“DEI”) programs and initiatives, even in cases where employers have re-labeled the programs to avoid scrutiny.