The Center for Workplace Compliance, our affiliated nonprofit membership association, has prepared a resource — CWC’s Guide To Understanding the False Claims Act and E.O. 14173 — to help CWC members comply with Executive Order 14173 and avoid liability under the FCA.
E.O. 14173 instructs federal agencies to combat illegal private-sector diversity, equity, and inclusion activities. The FCA requires federal contractors to certify that they do not operate any illegal DEI programs.
The FCA is enforced by the Justice Department and through whistleblowers’ qui tam lawsuits. Any job applicant or employee that suspects potentially unlawful employment practices can file an FCA whistleblower claim.
Federal contractors are at risk of qui tam actions if they falsely certify that they are in compliance with federal anti-discrimination laws and that they do not operate any illegal DEI programs.
Federal contractors can avoid the risk of false compliance certifications by performing a limited inquiry into their employment practices to ensure that they are not deliberately ignorant of or recklessly disregarding the risk of a misrepresentation.
CWC members can read more here.