WilmerHale Launches False Claims Act Civil Rights Task Force to Help Clients Navigate New DOJ Enforcement Initiative

• 5.27.2025

On May 19, 2025, the US Department of Justice (DOJ) announced the formation of a Civil Rights Fraud Initiative, signaling a significant expansion of its use of the False Claims Act (FCA) to investigate and pursue claims against any recipient of federal funding that “knowingly violates federal civil rights laws” and “falsely certifies compliance with such laws.” The DOJ memo lays out the government’s current view of what constitutes a potential violation, highlighting “diversity, equity, and inclusion (DEI) programs that assign benefits or burdens on race, ethnicity, or national origin,” certain policies relating to gender identity, and issues relating to antisemitism. 

DOJ’s initiative marks a notable escalation in government scrutiny and enforcement risk for grant recipients and federal contractors. DOJ has committed to standing up teams from both the Civil Division’s Fraud Section and the Civil Rights Division, as well as using attorneys from the 93 US Attorney’s Offices across the country, to investigate these matters. The Fraud Section and the Civil Rights Division will coordinate with the Criminal Division, other federal agencies, and state attorneys general. The DOJ memo also “strongly encourages” private whistleblowers to bring qui tam actions under the FCA, further increasing legal risk.

Grant recipients and federal contractors must navigate new terms and conditions on awards and contracts that raise the stakes on the receipt of federal funding. They must also negotiate a heightened enforcement environment in which proactive compliance reviews and risk assessment and mitigation are becoming more important than ever.

WilmerHale has launched a False Claims Act Civil Rights Task Force to help clients navigate the legal and regulatory risks posed by the new enforcement landscape.

A Cross-Disciplinary Team for a Complex Enforcement Environment

WilmerHale’s Task Force brings together attorneys from our nationally recognized FCA, Anti-Discrimination, Labor and Employment, Higher Education, and Government Contracts practices. This cross-functional team is uniquely positioned to advise clients across a wide range of industries—including education, healthcare, financial services, and government contracting—on how to proactively assess and mitigate risk.

The Task Force will assist clients with:

• Conducting proactive compliance reviews to identify and address potential vulnerabilities in DEI and civil rights-related programs. 
• Navigating new federal contract and grant requirements, including certifications of compliance with civil rights laws that may now be material to government payment decisions. 
• Responding to government inquiries and whistleblower complaints under the FCA and other statutory and regulatory schemes. 
• Developing defensible compliance frameworks that account for constitutional protections, including First Amendment concerns around viewpoint discrimination. 
• Litigating cases brought by the government or private party “relators” under the new initiative.  

Strategic Guidance and Litigation Capabilities Grounded in Experience

The Task Force builds on WilmerHale’s experience advising clients and handling government investigations and litigation relating to issues at the intersection of civil rights, federal funding, and government enforcement. Our attorneys have authored numerous client alerts on DEI-related executive orders and FCA enforcement trends and have represented clients in some of the most complex and high-profile matters in this space.

Select Firm Experience

Our multidisciplinary team’s relevant experience is unparalleled, and includes the following:

• Counseling clients with respect to FCA litigation and enforcement risks relating to civil rights issues, including DEI programs and certification requirements. 
• Extensive experience litigating FCA matters and handling FCA investigations, both in private practice and (for some of our lawyers) as senior government officials.
• Representing clients in numerous government investigations of universities and corporations related to DEI and other civil rights issues, including following the recent change of Administration. 
• Advising corporations, including government contractors and other private employers, on the changing DEI landscape, including the President’s executive orders, investigations and inquiries from executive agencies and state regulators, and congressional scrutiny.
• Advising universities on the implications of the President’s executive orders and the Department of Education’s Dear Colleague Letter regarding DEI, including with respect to admissions policies, DEI programs, and issues related to gender identity. 
• Significant experience litigating anti-discrimination matters under a range of federal statutes.
• Advising government contractors on questions of compliance with civil rights laws and certification requirements.

As the DOJ initiative unfolds, WilmerHale will continue to provide timely updates and strategic counsel to help clients stay ahead of enforcement risks and maintain compliance with evolving federal standards. 

For more information or to speak with a member of the Task Force, please contact one of the team members below.