AG Bondi Issues DEI Memo To Support False Claims Act Enforcement

On July 29, 2025, U.S. Attorney General Pam Bondi issued a memorandum titled "Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination," which follows up on President Trump's Executive Order 14173 that, in part, directs the Government to explore the False Claims Act ("FCA") as a tool to police DEI programs among recipients of federal funds, including contractors, universities, and healthcare organizations. We analyzed the Executive Order upon its release.

Broadly, the Memo takes the view that any decision to hire, promote, or provide training or support programs in any part because of membership in protected classes illegally discriminates against those outside that protected class. According to AG Bondi, "purportedly benign labels, objectives, or intentions" are immaterial and will not protect a program from DOJ's scrutiny or excuse unlawful discrimination. More specifically, AG Bondi asserts that labeling a program as promoting goals "such as